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Council Packet - 5/26/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, May 26, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 165 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Major Joe Leibold Agenda, as proposed or amended. Minutes of May 18, 2020, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as June 8, 2020 to amend the 2019-2023 Community Development Five -Year Consolidated Plan and revise the Citizen Participation Plan for the City of Waterloo, Iowa, to enable the city to receive and administer Community Development Block Grant funding from the U.S Department of Housing and Urban Development made available through the Coronavirus Aid, Relief, and Economic Security Act, and instruct City Clerk to publish notice. Submitted By: Rudy D. Jones, Community Development Director 3. Resolution setting date of public hearing as June 8, 2020 to approve the request by Esad Osmic to rezone approximately 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District with conditions to allow for a truck repair and truck terminal business located at 122 Black Hawk Road, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving preliminary plans, specifications and form of contract, etc., setting a date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport Fiscal Year 2020 Projects, FAA AIP 3-19-0094-0046 and 0047-2020, and instruct City Clerk to publish notice. Submitted By: Keith Kaspari, Airport Director Page 2 of 165 5. Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa, in the amount of $353,940.40 and approving release of retainer in the amount of $17,697.02, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and receive and file two-year maintenance bond. Submitted By: Matt Hosford, Collections Systems Project Director 6. Resolution approving specifications, bid documents, etc., setting date of bid opening as June 11, 2020 and date of public hearing as June 15, 2020, in conjunction with the purchase and installation of FY21 Police Vehicle Equipment, and instruct City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain 7. Resolution approving specifications, bid documents, etc., setting date of bid opening as June 18, 2020 and date of public hearing as June 22, 2020, in conjunction with the Police Department FY21 Ammunition Bids, and instruct City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain 8. Resolution approving request by the Police Department to seek proposals for the FY2021 Police uniform needs. Submitted By: Dave Mohlis, Police Captain 9. Resolution approving Acceptance of Improvements for work performed by Deer Creek Development, LLC, for Drainage Swale Storm Sewer serving Greenbelt Centre Plat No. 5 and amp; Plat No. 8, and receive and file a four-year maintenance bond. Submitted By: Dennis J. Gentz, PE, Assistant City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Greg Ahlhelm, Building Official Class/Meeting: CEU Authority - Mechanical update class Destination: If not in Waterloo - Online Class Dates: June 9, 2020 Amount not to exceed: $275 1. LIQUOR LICENSES a. Casey's General Store #2427, 3035 Logan Ave. Class: B Wine, C Beer, and E Liquor Renewal Application Includes Sunday Expiration Date: 6/14/2021 b. Hickory House, 315 Park Rd. Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/23/2021 c. Legs, 212 E. 4th St., Suite 108 Class: B wine and C Beer Page 3 of 165 Renewal Application Does not include Sunday Expiration Date: 6/25/2021 d. Michoacana Meat Market, 1215 Franklin St. Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/26/2021 e. Waterloo Softball Association, 1139 Josephine St. Class: B Beer and Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/16/2021 f. WCA Building and Amphitheater, 225 Commercial St. Class: Special Class C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/21/2021 2. Motion approving a Fireworks Display Application by Waterloo Bucks Ball Club, for a firework display on May 30, June 1, 13, 20, July 4, 11, 25, and August 1, 2020, starting at 10:00 p.m. at Riverfront Stadium, 850 Park Road. 3. Bonds. PUBLIC HEARINGS 2. Request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located west of 1628 Washington Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution approving sale and conveyance of a portion of Oregon Street right-of-way, in the amount of $1.00, to the Waterloo Community School District, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 3. FYE 2020 Budget Amendment. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving Budget Amendment for the fiscal year ending June 30, 2020. Submitted By: Michelle Weidner, Chief Financial Officer Page 4 of 165 RESOLUTIONS 4. Resolution approving an agreement with Signix for electronic signature software, at a rate of $120 per user and $3 per transaction, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Kelley Felchle, City Clerk 5. Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2012C, of the City of Waterloo, Iowa, dated July 25, 2012 and directing the Notice of Redemption for the above named issue. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution approving a request by the City of Waterloo to dedicate a Sewer Easement over a portion of Lot 7, Anthony Baker's Plat of Outlots, located east of 1628 Washington Street (Lowell Elementary School). Submitted By: Noel Anderson, Community Planning and Developoment Director 7. Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,197, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Federal -Aid Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $1,936,178, with the City paying the balance, in conjunction with Highway 63 Enhancements from Washington Street to Parker Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving Detention Basin Maintenance Agreement and Easement Agreement with Deer Creek Development, LLC, for Greenbelt Centre Plat No. 8, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer ORDINANCES 10. An ordinance enacting a new Section 5-2-14, Pedestrian Safety, Use of Medians. Motion to receive, file, consider, and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by enacting a new section 5-2-14, Pedestrian Safety, Use of Medians. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney ADJOURNMENT Page 5 of 165 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:20 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Design Review Board minutes of May 23, 2019. 2. Complete Streets minutes of February 18, 2020. 3. Planning, Programming & Zoning minutes of April 7, 2020. Page 6 of 165 CITY OF WATERLOO Council Communication Minutes of May 18, 2020, Regular Session, as proposed. City Council Meeting: 5/26/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/20/2020 - 9:35 AM ATTACHMENTS: Description Type ❑ 05.18.2020.council minutes Backup Material Submitted by: Submitted By: Page 7 of 165 May 18, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 18, 2020. Mayor Quentin Hart chaired the meeting by telephone. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon. Boesen, Amos, Morrissey, Feuss, Grieder, Juon joined the meeting by telephone. Mr. Feuss joined at 5:32 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 157805 - Juon/Amos that the Agenda, as amended by deleting item 1.A.13, for the Regular Session on Monday, May 18, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157806 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, May 11, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation Declaring the Week of May 17-23, 2020 as National EMS Week. Proclamation Declaring May 2020 as Asian/Pacific Islander Heritage Month. ORAL PRESENTATIONS No comments were received from the public. Mr. Morrissey commented on the importance of recognizing Asian/Pacific Islander month. 157807 - Morrissey/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157808 - Juon/Feuss that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 18, 2020, in the amount of $13,777,930.75, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-329. 2. Resolution setting setting date of public hearing as June 22, 2020 to approve an amendment to the East Waterloo Unified Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as June 3, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-330. 3. Resolution setting date of public hearing as June 22, 2020 to approve an amendment to the Northeast Industrial Area Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 3, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-331. Page 8 of 165 May 18, 2020 Page 2 4. Resolution setting date of public hearing as June 22, 2020 to approve an amendment to the Rath Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan and other general updates to the Plan, and setting date of consultation with taxing entities as June 3, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-332. 5. Resolution setting date of public hearing as June 22, 2020 to approve an amendment to the Martin Road Development Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 3, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-333. 6. Resolution setting date of public hearing as June 22, 2020 to approve an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, to update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 3, 2020, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-334. 7. Resolution setting date of public hearing as June 1, 2020 on the adoption of the Updated Multi -Jurisdictional Hazard Mitigation Plan for Black Hawk County, Iowa, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-335. 8. Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport Hangar 4 Improvement Project, Iowa DOT CSVI Project No: 9-I-200-ALO-200, and Iowa DOT Contract No. 21613, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-336. 9. Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport - Airline Passenger Terminal Building Carpet Replacement Program (Phase 1), Iowa DOT Aviation Bureau Project No: 9-I-190-ALO-200, and Iowa DOT Aviation Bureau Contract No. 20601, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-337. 10. Resolution awarding bid to Frickson Brothers Excavating, Inc. of Waterloo, Iowa, in the amount of $14,000, and approving the contract, bond and certificate of insurance, for demolition services at 411 East 8th Street, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-338. 11. Resolution approving award of bid to US Cellular for wireless communication services, utilizing the State of Iowa bid, in the amount of $3,075.60 per month plus equipment costs, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-339. 12. Resolution approving Acceptance of Improvements for work performed by K. Cunningham Construction Company, Inc., of Cedar Falls, Iowa, in the amount of $144,396.17, in conjunction with the 2018 Orange Road Entrance Improvements for Hawkeye Community College, and receive and file a two-year maintenance bond. Page 9 of 165 May 18, 2020 Page 3 1. 2. b. a. a. b. c. d. Resolution adopted and upon approval by Mayor assigned No. 2020-340. 13. Resolution approving Completion of Project and Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $596,137.65, and release of retainage in the amount of $26,540.07, in conjunction with the FY 2017 CIP Pipelining Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Martin M. Petersen, City Attorney Iowa State Bar Association Annual Meeting Webinar May 18-22, 2020 $125 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Metro Mart #4, 2332 Falls Ave. C Beer and E Liquor Renewal 6/30/2021 x Metro Mart #1, 3201 W. 4th St. C Beer Renewal 6/30/2021 x Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd. B Liquor, B Wine, and Outdoor Service Renewal 4/30/2021 x Smitty's Bar, 709 Jefferson St. C Liquor and Outdoor Service Renewal 5/26/2021 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Terry Conrad ADA Compliance Commission May 18, 2023 New 4. Motion to approve Change Order No. 1 to Boomerang Corporation of Anamosa, Iowa, for a net decrease of $263,111.68, in conjunction with the Waterloo Wastewater Treatment Plant Dry Run Creek Interceptor Project, Contract No. 877, and authorizing the Mayor to execute said document. 5. Motion approving Change Order No. 9 to Lodge Construction, Inc., of Clarksville, Iowa, for a net decrease of $24,064.40, in conjunction with the FY 2017 CIP Pipelining Phase IIIB Project, Contract No. 949, and authorizing the Mayor to execute said document. 6. Motion to approve Change Order No. 3 to Municipal Pipe and Tool, of Hudson, Iowa, for a net decrease of $20,451.35, in conjunction with the FY 2019 CIP Pipelining Phase IIIC Project, Contract No. 962, and authorizing the Mayor to execute said document. 7. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157809 - Morrissey/Amos that proof of publication of notice of public hearing on FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications Project, Contract No. 1021, as published in the Waterloo Courier on May 4, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 10 of 165 May 18, 2020 Page 4 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157810 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157811 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-341. 157812 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to the City Collection System Manager. Bid Estimate: $1,015,875. Bid Alternative: $1,179,225 Bidder Bid Security Total Bid Amount WRH, INC Amana, IA 5% Base: $819,000 Alt 1: $48,500 Alt 2: $43,500 Alt 3: $7,000 Alt 4: $10,000 Woodruff Construction LLC Waterloo, IA 5% Base: $974,000 Alt 1: $88,500 Alt 2: $68,500 Alt 3: $9,100 Alt 4: $9,500 Story Construction Co Ames, IA 5% Base: $875,000 Alt 1: $ $79,340 Alt 2: $56,100 Alt 3: $6,800 Alt 4: $5,100 Voice vote -Ayes: Seven. Motion carried. 157813 - Amos/Morrissey that proof of publication of notice of public hearing on FY 2020 Newell Street RISE Project, Contract No. 991, as published in the Waterloo Courier on May 4, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157814 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157815 - Amos/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc. and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-342. 157816 - Amos/Morrissey Page 11 of 165 May 18, 2020 Page 5 Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: $890,695.75 Bidder Bid Security Total Bid Amount Vieth Construction Corporation Cedar Falls, IA o 5 /o $737,572.95 Midwest Concrete Inc. Peosta, IA 5% $779,210.31 Lodge Construction Inc. Clarksville, IA o 5 /o $691,843.65 Tschiggfrie Excavating Dubuque, IA o 5 /o $794,953.62 Pirc Tobin Construction Inc. Alburnett, IA 5% $727,837.94 Baker Enterprises, Inc. Waverly, IA o 5 /o $710,742.6 ] Peterson Contractors Inc. Reinbeck, IA 5% $634,794.80 K Cunningham Construction Co Inc. Cedar Falls, IA o 5 /o $640,116.43 Voice vote -Ayes: Seven. Motion carried. 157817 - Feuss/Grieder that proof of publication of notice of public hearing on the sale and conveyance of City owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, as published in the Waterloo Courier on May 8, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157818 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157819 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of City owned property located south of 1318 Martin Road, to 3 Stooges, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-343. 157820 - Feuss/Grieder that "Resolution approving a Development Agreement with 3 Stooges, LLC, for the construction of three commercial buildings, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-344. 157821 - Morrissey/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - GCP 2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 12 of 165 May 18, 2020 Page 6 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157822 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157823 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-345. 157824 - Morrissey/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157825 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157826 - Morrissey/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-346. 157827 - Morrissey/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - GCP 4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on May 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157828 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157829 - Morrissey/Feuss that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-347. 157830 - Amos/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 5 - The issuance of not to exceed $6,600,000 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on May 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 13 of 165 May 18, 2020 Page 7 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157831 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157832 - Amos/Feuss that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $6,600,000 General Obligation Bonds", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-348. RESOLUTIONS 157833 - Klein/Amos that "Resolution directing the advertisement for sale of $8,235,000 Taxable General Obligation Bonds, Series 2020B, setting sale date as June 2, 2020, and approving electronic bidding procedures and the distribution of the Preliminary Official Statement for the sale", be adopted. Roll call vote -Ayes: Seven. Motion carried. Michelle Weidner, Chief Financial Officer, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-349. 157834 - Klein/Amos that "Resolution directing the advertisement for sale of $7,025,000 General Obligation Bonds, Series 2020A, setting sale date as June 2, 2020, and approving electronic bidding procedures and distribution of Preliminary Official Statement for the sale", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-350. 157835 - Feuss/Grieder that "Resolution to approve Experience Waterloo (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY21", be adopted. Roll call vote -Ayes: Seven. Motion carried. Tavis Hall, Experience Waterloo Executive Director, provided an overview of the grant requests. He explained that the funds are reimbursement funds and stated that as part of the grant application, if there are any material changes to an event, such as holding a virtual event, than those events would not be funded. He further explained that the economic impact is significant as they would generate $7,775,000. Resolution adopted and upon approval by Mayor assigned No. 2020-351. 157836 - Feuss/Grieder that "Resolution approving renewal of contract with Wellmark Blue Cross Blue Shield of Iowa for administration of the Employee Health Care and Prescription Plan from July 1, 2020 through June 30, 2021, including administrative fees and stop loss insurance in the amount of $1,585,315, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-352. 157837 - Feuss/Grieder Page 14 of 165 May 18, 2020 Page 8 that "Resolution approving renewal of contract with Delta Dental of Iowa, in the amount of $4.76 per contract for administration of the Employee Dental Care Benefit Plan from July 1, 2020 through June 30, 2021, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-353. 157838 - Feuss/Grieder that "Resolution approving renewal of contract with National Insurance Services for administration of the Employee Life and Long Term Disability Benefit Plan from July 1, 2020 through June 30, 2021, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-354. 157839 - Boesen/Morrissey that "Resolution approving a Staffing for Adequate Fire and Emergency Response (SAFER) Grant application to hire four (4) additional firefighters, and authorize Fire Chief to sign said document", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mrs. Juon explained her understanding of how the grant works. She questioned what would happen if in the future, the city's revenue would not support the 106 firefighters the city currently has, let alone the 110 that the city would potentially have if awarded the grant. Pat Treloar, Fire Chief, explained that the grant requires setting an operational level. If the city were not able to keep the level that it set when originally applying for the grant, the city would be in default of the grant. Mrs. Klein commented that the pandemic has wrecked city budgets across the nation and the city will be struggling to meet current service levels. She expressed concern for having to do layoffs in the future. Mr. Boesen commented that the important thing about the grant is that the match requirement over three years has been eliminated. He stated that the city should apply for the grant then make a determination, if awarded, whether to accept the grant funds. He encouraged council to apply for the grant and stated that he believes that the federal government will step up and backfill the cities. Pat Treloar commented that he had discussion with staff to work on the grant, then once the pandemic hit, they decided to not submit an application until the match requirement was eliminated. He added that the department would come back to council if awarded and weigh whether to accepting the funding and that a penalty does not exist to reject the funds. Mr. Amos commented that several years of budget discussions have included the request for additional firefighters; however, through budget negotiations none has been added. He stated that with this grant, those needed positions could be filled at no cost to the city, and he will be supporting this resolution. Mr. Morrissey commented that this is an application to ask for the SAFER Grant and it is not a commitment. He stated this is a federal grant and that they are aware of the pandemic, problems, and cost it is causing local governments. It is a show of solidarity on behalf of the federal governments with municipalities to encourage them to keep public safety as a priority. Mayor Hart questioned if any costs of the grant are not covered. Pat Treloar explained that the grant does not pay for personal protective equipment or pre -employment physicals. He speculated that the federal government was not receiving grant applications, which prompted them to remove the cost share requirement and fully fund the grant. Mayor Hart questioned what would happen, after year one of the grant, the city cannot keep the position. Page 15 of 165 May 18, 2020 Page 9 Pat Treloar commented that some guidance exists but it is not exact, and there may be some negotiation available. Mr. Boesen commented that there might be some savings in overtime by adding four firefighters at no cost. Resolution adopted and upon approval by Mayor assigned No. 2020-355. 157840 - Boesen/Morrissey that "Resolution approving School Resource Officer Agreement with the Waterloo Community School District to provide six (6) School Resource Officers in the schools for FY 2021, in the amount of $290,370, to include funding for Officer training, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Major Joe Leibold provided an overview of the agreement. Resolution adopted and upon approval by Mayor assigned No. 2020-356. 157841 - Boesen/Morrissey that "Resolution approving a five-year Maintenance Agreement with Access Systems, Inc., of Cedar Falls, Iowa, in conjunction with printer and copier needs for the Police Department, at State of Iowa bid pricing, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-357. 157842 - Morrissey/Grieder that "Resolution authorizing an exception to the City of Waterloo Purchasing Procedures Policy to approve the purchase of a demonstration 2019 Kenworth 300 Cab Over one (1) Man Patcher Unit, from Star Equipment, of Waterloo, Iowa, in the amount of $201,369", be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Boesen questioned where the money will come from and if the unit is currently at public works. Randy Bennett, Public Works Division Manager, explained that the vehicle will be purchased with 2019 bond funds and confirmed the unit has been at the public works facility to demo before making a decision to purchase. Resolution adopted and upon approval by Mayor assigned No. 2020-358. 157843 - Morrissey/Grieder that "Resolution extending time -line for holding bids in conjunction with the FY 2020 Asphalt Overlay Program, Contract No. 992, from 30 days from the date of bid opening to 81 days from the date of bid opening", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-359. 157844 - Morrissey/Grieder that "Resolution approving construction plans for Drainage Swale Storm Sewer serving Greenbelt Centre Plat No. 5 and No. 8, as submitted by VJ Engineering, of Cedar Falls, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-360. 157845 - Morrissey/Grieder Page 16 of 165 May 18, 2020 Page 10 that "Resolution amending Resolution No. 2020-303, adopted on May 4, 2020, by amending paragraph two and the final paragraph of the resolution", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-361. ADJOURNMENT 157846 - Boesen/Grieder that the Council adjourn at 6:24 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 17 of 165 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 8, 2020 to amend the 2019-2023 Community Development Five -Year Consolidated Plan and revise the Citizen Participation Plan for the City of Waterloo, Iowa, to enable the city to receive and administer Community Development Block Grant funding from the U.S Department of Housing and Urban Development made available through the Coronavirus Aid, Relief, and Economic Security Act, and instruct City Clerk to publish notice. City Council Meeting: 5/26/2020 Prepared: 5/18/2020 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 5/20/2020 - 9:48 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 9:55 AM SUBJECT: Resolution setting date of public hearing as June 8, 2020 to amend the 2019- 2023 Community Development Five -Year Consolidated Plan and revise the Citizen Participation Plan for the City of Waterloo, Iowa, to enable the city to receive and administer Community Development Block Grant funding from the U. S Department of Housing and Urban Development made available through the Coronavirus Aid, Relief, and Economic Security Act, and instruct City Clerk to publish notice. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Summary Statement: Expenditure Required: We request authorization to set date for the public hearing on June 8, 2020. A substantial amendment is being made to the FY19-23 Five -Year Consolidated Plan for the City of Waterloo. The Citizen Participation Plan has also been revised to include the allowance of a 5-day comment period instead of the 30-day period Community Development Block Grant Funds thru the Coronavirus Aid, Relief, and Economic Security Act (CARES) Source of Funds: U. S. Department of Housing and Urban Development Page 18 of 165 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 8, 2020 to approve the request by Esad Osmic to rezone approximately 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District with conditions to allow for a truck repair and truck terminal business located at 122 Black Hawk Road, and instruct City Clerk to publish notice. City Council Meeting: 5/26/2020 Prepared: 5/18/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Staff Report ❑ Overview Map ❑ Aerial Map ❑ Tree Site Plan ❑ Conditions to Zoning ❑ Pictures ❑ Narrative ❑ Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Higby, Nancy Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 5/20/2020 - 10:47 AM 5/20/2020 - 10:58 AM Resolution setting date of public hearing as June 8, 2020 to approve the request by Esad Osmic to rezone approximately 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District with conditions to allow for a truck repair and truck terminal business located at 122 Black Hawk Road, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a resolution setting date of public hearing as June 8, 2020 to approve the request by Esad Osmic to rezone approximately 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District with conditions located at 122 Black Hawk Road to allow for a truck repair and truck terminal business, and instruct the City Clerk to publish notice. The Planning and Zoning Commission unanimously recommended approval of the rezone request at their regular meeting on May 5, 2020 Page 19 of 165 Expenditure Required: None Source of Funds: N/A Policy Issue: Background Information: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The applicant is requesting to rezone 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial located at 122 Black Hawk Road to allow for a truck repair and truck terminal business. The request should not have a major impact on the neighborhood with the recommended conditions. Staff is requesting that a tree buffer be installed along Paul and Janney Avenues and there is commercial properties along its northern property line. The area of the proposed site is currently zoned "C-2" Commercial District and has been zoned as such since the adoption of the zoning ordinance in 1969. Surrounding uses and zoning: North — Vacant Land, Cozy Van, Honn's Auto Body, and residential zoned "C-2" Commercial District. South — Residential and Black Hawk Creek zoned "R-2" One and Two Family Residence District and "A-1" Agricultural District. East — Black Hawk Creek zoned "A-1" Agricultural District. West — Residential zoned "R-2" One and Two Family Residence District and "C-2" Commercial District. There is a 21" sanitary sewer line that travels from the northeast along Black Hawk Creek to the intersection of Black Hawk Road and Paul Avenue before continuing along Black Hawk Road. There is a 8" sanitary sewer line from the intersection of Paul Avenue and Janney Avenue to the intersection of Black Hawk Road and Paul Avenue where it connects to the 21" line along Black Hawk Road. There is also a 12" storm sewer along Janney Avenue. The site sits on the comer of Janney Avenue, Paul Avenue, and Black Hawk Road. Black Hawk Creek sits to the east of the property with commercial to the north along Falls Avenue with residences of the south side of Paul Avenue and on the west side of Janney Avenue. It should also be noted that the residences along the west side of Janney Street are zoned "C-2" Commercial District and have been zoned as such since the adoption of the zoning ordinance in 1969. The building on the site was built in 1954 and has been used as commercial since that time as a automotive services/fuel station and related services. The applicant and current owner of the property owns a trucking company (White Wing Trucking) and is looking to use the property to do limited Page 20 of 165 Legal Descriptions: maintenance and repair on their trucks and as a truckers office/truck terminal. Before purchasing the site the property had not been maintained for some time and the applicant has invested money into fixing up the property. The applicant has also agree to put trees along Paul Avenue and Janney Avenue to buffer the property from neighboring residences. The applicants have also agreed to put down hard surfacing on a portion of the lot for parking and to close the most northern entrance along Janney Avenue. Therefore, staff recommends that the request by Esad Osmic to rezone 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District for a truck repair and truck terminal facility located at 122 Black Hawk Road be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area with the conditions that have agreed upon by the applicant. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site has been used for commercial purposes since at least 1954. With the following conditions: 1. No outside storage other than licensed and operable vehicles and trailers. 2. A tree buffer plan is to be submitted to and approved by the city, and installed along Paul and Janney Avenue. 3. All maintenance and repair of vehicles is to be done inside the building. 4. That hard surfacing be installed on a portion of the property as shown on the approved site plan. 5. That the northern entrance along Janney Avenue be closed, and the tree plantings be placed across the existing opening All that part of Lot 42, Auditor Rainbow's West Side Plat in the City of Waterloo, Black Hawk County, Iowa, and of the Park in "Hagerman Place" in the City of Waterloo, Iowa, adjoining, lying Southwesterly of a line of 200 feet Southwesterly and equidistant from the Southwesterly line of Falls Avenue. Page 21 of 165 June 8, 2020 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: Request by Esad Osmic to rezone 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial located at 122 Black Hawk Road. Esad Osmic, 122 Black Hawk Road, Waterloo, Iowa 50701 The applicant is requesting to rezone the property in question to allow for a truck repair and truck terminal. The request should not have a major impact on the neighborhood with the recommended conditions. Staff is requesting that a tree buffer be installed along Paul and Janney Avenues and there is commercial properties along its northern property line. The request would not appear to have a negative impact on traffic conditions in the area. The University Avenue trail is currently under construction along the south side University Avenue just one block to the south of the site. There will be a sidewalk installed on the north side of University Avenue from Black Hawk Road and to the west. There is also sidewalks on the northwest side of Black Hawk Road and the north/west side of Janney Avenue, and along the south side of Falls Avenue. The area of the proposed site is currently zoned "C-2" Commercial District and has been zoned as such since the adoption of the zoning ordinance in 1969. Surrounding uses and zoning: North — Vacant Land, Cozy Van, Honn's Auto Body, and residential zoned "C-2" Commercial District. South — Residential and Black Hawk Creek zoned "R-2" One and Two Family Residence District and "A-1" Agricultural District. East — Black Hawk Creek zoned "A-1" Agricultural District. West — Residential zoned "R-2" One and Two Family Residence District and "C-2" Commercial District. Residential built between 1925 and 1962, and commercial built between 1952 and 1979. The applicant will be constructing a tree and fence buffer along Paul Avenue and Janney Avenue. Rezoning of the land would not appear to have a negative impact upon drainage in the area. The property is located in Zone X — Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. 122 Black Hawk Road Rezone "C-2" to "C-P" PScgtP22f6f 165 June 8, 2020 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: Fred Becker Elementary School is located 1.21 miles to the west, Central Middle School is located 1.77 miles to the west, and West and East High Schools are both located 1.87 miles to the southeast and east respectively. Hope Martin Memorial Park is located two blocks to the south. There is a 21" sanitary sewer line that travels from the northeast along Black Hawk Creek to the intersection of Black Hawk Road and Paul Avenue before continuing along Black Hawk Road. There is a 8" sanitary sewer line from the intersection of Paul Avenue and Janney Avenue to the intersection of Black Hawk Road and Paul Avenue where it connects to the 21" line along Black Hawk Road. There is also a 12" storm sewer along Janney Avenue. The Future Land Use Map designates this property as Industrial. The proposed land use of neighborhood commercial is in conformance with the Future Land Use Map for this area. The applicant is requesting to rezone 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District. The site sits on the corner of Janney Avenue, Paul Avenue, and Black Hawk Road. Black Hawk Creek sits to the east of the property with commercial to the north along Falls Avenue with residences of the south side of Paul Avenue and on the west side of Janney Avenue. It should also be noted that the residences along the west side of Janney Street are zoned "C-2" Commercial District and have been zoned as such since the adoption of the zoning ordinance in 1969. The building on the site was built in 1954 and has been used as commercial since that time as a automotive services/fuel station and related services. The applicant and current owner of the property owns a trucking company (White Wing Trucking) and is looking to use the property to do limited maintenance and repair on their trucks and as a truckers office/truck terminal. Before purchasing the site the property had not been maintained for some time and the applicant has invested money into fixing up the property. The applicant has also agree to put trees along Paul Avenue and Janney Avenue to buffer the property from neighboring residences. The applicants have also agreed to put down hard surfacing on a portion of the lot for parking and to close the most northern entrance along Janney Avenue. The Technical Review Committee did not have concerns regarding this request. The applicant does not plan to subdivide the property. 122 Black Hawk Road Rezone "C-2" to "C-P" PSgEP23f6f 165 June 8, 2020 STAFF RECOMMENDATION: Therefore, staff recommends that the request by Esad Osmic to rezone 0.945 acres from "C-2" Commercial District to "C-P" Planned Commercial District for a truck repair and truck terminal facility located at 122 Black Hawk Road be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area with the conditions that have agreed upon by the applicant. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site has been used for commercial purposes since at least 1954. With the following conditions: 1. No outside storage other than licensed and operable vehicles and trailers. 2. A tree buffer plan is to be submitted to and approved by the city, and installed along Paul and Janney Avenue. 3. All maintenance and repair of vehicles is to be done inside the building. 4. That hard surfacing be installed on a portion of the property as shown on the approved site plan. 5. That the northern entrance along Janney Avenue be closed, and the tree plantings be placed across the existing opening. 122 Black Hawk Road Rezone "C-2" to "C-P" Pg'gtiP24f 6f 165 City of Waterloo City Council June 8, 2020 J N w s E 1,000 500 1,000 Feet 122 Black Hawk Road Rezone from "C-2" to "C-P" Esad Osmic Page 25 of 165 City of Waterloo City Council June 8, 2020 FALLS AVE Fq4 JANNEY AVE UNIVERSITY AVE UNIVERSITY AVE UNIVERSITY AVE BECKAVE UNIVERSITY AVE .UNIVERSITYAVE UNIVERSITY AVEUNIVERSITY AVE 225 112.5 0 225 Feet 122 Black Hawk Road Rezone "C-2" to "C-P" Esad Osmic Page 26 of 165 5/15/2020 Printable Map Output Black Hawk County, lowa Legend hospital airsert flrvdapl parks_ parks twpmg Railroads Tamahips Srcltoas Water 0 palters v/ piflhrs.Phlay Township / City Lines /� railroad m madden watamamo_ parooldim readnamc_ !toilet Phelps Black Hawk C. Mapc+Iried with ArcA1S • Copyright let i992.2001 £SRI lnc. Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.org ,73ft-. - Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. co- Docs-1-cry -1-c-tes ‘viA)) Itnclk CAI Pei) ()ETA Ctai .FD CSI-e f` a ib4 &! V n - Pe5 S;+e., 'he &+; C1te e A.M 1 I'tc('e.. Page 27 of 1 Q5 99I 40 8Z abed Prepared by and return to: Aric A. Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "C-2" Commercial Zoning District and requested to be zoned "C-P" Planned Commercial District, for a truck repair and truck terminal facility commonly known as 122 Black Hawk Road, and legally described as (hereinafter "Property): All that part of Lot 42, Auditor Rainbow's West Side Plat in the City of Waterloo, Black Hawk County, Iowa, and of the Park in "Hagerman Place" in the City of Waterloo, Iowa, adjoining, lying Southwesterly of a line of 200 feet Southwesterly and equidistant from the Southwesterly line of Falls Avenue. HEREBY agree to the following conditions on the above -described property: 1. No outside storage other than licensed and operable vehicles and trailers; 2. A tree buffer plan is to be submitted to and approved by the city, and installed along Paul and Janney Avenues; 3. All Maintenance and repair of vehicles is to be done inside the building; and 4. That hard surfacing be installed on the portion of property as shown on the submitted site plan. 5. That the northern entrance along Janney Avenue be closed, and the tree plantings be placed across the existing opening. NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed change to the above -described Property. These conditions have been placed on the above -described Property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions shall govern the entire Property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered withou further enders restricting, or �o approval of the City Council of the City of Waterloo as outlined above. It is ese conditions shall not be deemed a limitation or repeal of any other conditions, Hants placed on the above -described Property. For 0 Family Leasing LLC By: Esad Osmic Its: Member/Manager Agreed to this/59day of , 2020 Page 1 of 2 Conditions of zoning — 122 Black Hawk Road 991. 40 6Z abed On thisi,M4 day of , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearediEsad Osmic to me known to be the identical person(s) named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2021 Notaryl'ublic in and for the State of Iowa Page 2 of 2 Conditions of Zoning — 122 Black Hawk Road Rezone from C-2 to C-P at 122 Black Hawk Road Looking southeast from Janney Avenue toward 122 Black Hawk Road. Looking northwest from Black Hawk Road toward the main building. Looking northeast from the intersection of Looking from Black Hawk Road toward the Paul Avenue and Janney Avenue. commercial located along Falls Avenue. Page 30 of 165 Looking south from Falls Avenue at the commercial along Falls Avenue. Commercial building on Falls Avenue located behind 122 Black Hawk Road. Honn's Body Shop located at the corner of Janney Avenue and Falls Avenue. The front of Honn's Body shop located along Janney Avenue. Page 31 of 165 Looking southwest from Black Hawk Road Homes along Black Hawk Road south of the toward Black Hawk Creek and University. Looking west from Black Hawk Road toward Black Hawk Creek. site in question. Looking along Paul Avenue across from 122 Black Hawk Road. Page 32 of 165 Looking at the northwest corner of Janney Homes located along the east side of Janney Avenue and Paul Avenue. Homes along Paul Avenue across from 122 Black Hawk Road. Avenue. Looking from Janney Avenue toward 122 Black Hawk Road. Page 33 of 165 Letter to City Council from Esad Osmic (122 Black Hawk Rd. Waterloo IA 50701) for rezoning the property to zone C-P I would like to introduce myself first. My name is Esad Osmic, and I have been a resident of Waterloo, IA for the past 20 years. A year and a half ago we purchased the property on 122 Black Hawk Rd. Waterloo, IA. At the time of purchase there was a severe damage to the building and property itself. The grass was tall, weeds everywhere, and trash left all over as well as landscaping materials left out in the open. Since then we have cleaned up the property leaving nothing out in the open besides company vehicles. Grass has been mowed, sprayed for weeds, and repaired any damages. We purchased the building for our small family owned trucking business (White Wing Trucking LLC). We do own 6 of the trucks and they do come to the property from time to time to have them looked at and to fix any issues with the equipment to stay in line with DOT regulations. All the work that needs to be done from now on will be done inside the building. The only equipment that are being worked on, at 122 Black Hawk Rd. are our own trucks. While we are a trucking company the only service that is provided here for the trucking company is our dispatchers who book loads for the drivers and the shop which repairs any issues with the equipment. It is necessary for us to have a lot and shop to work on the equipment as the costs associated with going to others is to expensive for the work provided. I also own a 24-hour Road service and this business does not operate from the property at 122 Black Hawk Rd. Waterloo IA 50701. The road service is only for fixing other trucks and all of that is performed over the road where the trucks break down. I would like to ask you to approve rezoning of the property at 122 Black Hawk Rd. Waterloo IA 50701 to ZONE C-P so we can keep the property for our White Wing Trucking business. The property is essential to our business, as we have built a system surrounding this property. We have our trucks run for a short time and have them return here for check up's and maintenance. We do this to lower the costs associated with repairing the vehicles and to bring work for the other business located in Waterloo, IA it helps us create relationships with facilities around us. We will also invest into adding some fence along Paul Ave. and Janney Ave. to protect our residential neighbors. With that we will also extend our hard surface parking for the trucks when they do come here. We also contacted and contracted True Green company to kill the weeds and grass that has grown over the gravel over the years. With that work done we will also make sure that the trucks do not idle in front of the shop. If a truck needs more work done and will be here overnight, we will provide drivers a hotel room for the time being and trucks will be worked on inside the garage, so to not disrupt the neighbors. We are here to make everybody happy and to help our community and our neighbors with anything they might need help with. We are also open every workday and our neighbors are welcome to come and see what we are working on: -and how we are planning to protect their privacy. Sincerely Esad Osmic 319-830-1869 04.10.2020 Page 34 of 165 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): &SALD 054i C- Address: l g-a. (c 9c g t%wk 40 Phone: 3 t q-8'3O-I sP6 ? Fax: 3/ 9- 505 - .2 2 City: 14/,4rb"-a.`vo State: I/; Zip: 6.0710 / b. Status of applicant: (a) Owner K (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: L - d2 Requested zoning: ( - /61 f. Reason(s) for rezoning and proposed use(s) of property: g. Conditions (if any) agreed to: DF'M--c, h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted '11 be used by the Waterloo Planning, Programming, and Zonin Commission and the Waterloo City Councaking their decision. The undersigned authorize City Officials to enter the property in • . e: ' in regards to the request. Signre of Applicant Date Signature of Owner Date Page 35 of 165 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications and form of contract, etc., setting a date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport Fiscal Year 2020 Projects, FAA AIP 3-19-0094-0046 and 0047-2020, and instruct City Clerk to publish notice. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 5/20/2020 - 10:58 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 11:03 AM ATTACHMENTS: Description Type ❑ Notice of Public Hearing - FAA AIP Projects 46 & 47 Cover Memo ❑ Notice to Bidders - FAA AIP 46 & 47 Cover Memo ❑ Airfield Diagram with Listing of Areas to be Cover Memo Constructed ❑ ACIP - Airport Capital Improvement Plan Cover Memo SUBJECT: Resolution approving preliminary plans, specifications and form of contract, etc., setting a date of bid opening as June 11, 2020, and date of public hearing as June 15, 2020, in conjunction with the Waterloo Regional Airport Fiscal Year 2020 Projects, FAA AIP 3-19-0094-0046 and 0047-2020, and instruct City Clerk to publish notice. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Recommend approval as requested from the Airport Director. Summary Statement: This project, long in waiting to be completed, allows for an extensive repair of Taxiway Bravo (busiest taxiway on the airfield); west terminal charter apron area (currently, a section of pavement showing severe deterioration of the asphalt pavement; Obstruction Mitigation or Tree Removal both on and off the airfield; and, the routing cleaning and resealing of the pavement joints on the east airline terminal building parking apron. The overall cost for this project, as estimated via the engineer's Design Report at 100%, is as follows: 1. Taxiway Bravo: $2,451,158.00. 2. General Aviation Terminal Apron (Charter Parking Area and East Terminal Expenditure Required: Apron: $639,225.00. 3. Obstruction Mitigation / Tree Removal: $157,500.00. Page 36 of 165 Source of Funds: Policy Issue: Alternative: Background Information: Totals of the above projects: $3,247,883.00. Source of funding will be derived by the USDOT's Federal Aviation Administration and the Airport Improvement Program, with 100% funding. This is a contrast of prior funding requests, via the FAA, that would require a 90-10 percent funding allocation. This request complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 2, and Strategy No: 2.2. Goal No: 3, and Strategy No: 3.4 and 3.5. Goal No: 4, and Strategy No: 4.5. No project alternatives were chosen for the above project, as these have been long -in waiting to have all of these completed. This project or list of projects noted above, allows the City / Airport to finally complete a long list of needed projects that have been delayed, due to inadequate funding, etc. Ex: Staff and our Consulting Engineer, bid the Charter Apron Project 2- years ago, but due to the high cost of the bids, the project was cancelled. The pavement reconstruction of Taxiway Bravo has been delayed to bank ALO's annual FAA funding allowing us to carryover the funds needed to complete the project; The obstruction mitigation project, has been long -delayed as this has been for the most part, a design project started in either 2015 or 2016 for a CATEX review, as required by the FAA, Environmental Issued by the Iowa DNR, approval of the SHPO, and again, federal funding to complete the actual construction or removal of the trees. Lastly, the required cleaning and resealing of the pavement joints located on the east airline passenger terminal aircraft parking apron - thereby allowing the airport to extend the overall life -cycle of the current existing concrete pavement. Now, however, it looks like the Taxiway Bravo project will be delayed to the summer of 2021, simply due to the number of various and complex phases during the construction project, in addition to by the time the FAA gets the grants issued to them, there will not be enough anticipated days in the summer of 2020 construction calendar to complete the work. However, the Airport Director believes that the remaining three elements of the overall work should be completed yet, during the construction season of C Y-2020. Legal Descriptions: Not Applicable for this request by Staff. Page 37 of 165 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 FAA AIP 3-19-0094-0047-2020 RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA AIP 3-19-0094-0046-2020 REMOVE TREES FAA AIP 3-19-0094-0047-2020 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 11' day of June, 2020 , until 1:00 p.m. for the reconstruction of Reconstruct Taxiway B South of Runway 18/36; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron; and Remove Trees - FAA AIP 3-19-0094-0046 and 0047-2020, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 11' day of June, 2020 , at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be not be held. Bidders are encouraged to contact the Airport Director at 319-291-4483 to arrange for a site visit prior to preparation of their bids. PUBLIC HEARING The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments(ai,waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 15' day of June, 2020 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: FAA AIP 3-19-0094-0046 and 0047-2020 NPH-1 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA �agee13 of 165 1) City of Waterloo website at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Websites: Master Builders of Iowa website: www.mbionline.com Dodge Lead website: http://dodgeprojects.construction.com/ Reed Const. Data Lead website: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • FAA AIP 3-19-0094-0046-2020 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron consists of reconstruction of West Terminal Apron, including removal of the existing bituminous apron pavement ranging in thickness from ten (10) to twelve and one-half (12 1/2) inches in thickness; removal and replacement of the existing base and subbase materials; installation of cement treated permeable base course; installation of approximately 3,400 square yards of 12 '/2 -inch thick Portland Cement Concrete Pavement; reconstruction and installation of three (3) storm sewer structures; and Add Alternate Bid Option for joint cleaning/sealing. • FAA AIP 3-19-0094-0047-2020 Reconstruct Taxiway B South of Runway 18/36 and Remove Trees consists of reconstruction of Taxiway B South of Runway 18/36 with 13-inch Portland Cement Concrete Pavement; removal and replacement of Taxiway B Medium Intensity Edge Lights, wiring and conduit, and replacement with new LED Medium Intensity Taxiway Edge Lights, new conduit and wiring, and LED Guidance Signage; removal of existing subdrain system and installation of new system; pavement marking for Taxiway B; reconstruction of Taxiway C south of Runway 12/30; and clearing and grubbing of trees north of Runway 18/36 and clearing and grubbing of trees west of Runway 18/36. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2020. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP 3-19-0094-0046 and 0047-2020 NPH-2 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA �ageeb of 165 NOTICE TO BIDDERS For the Taking of Construction Bids for the RECONSTRUCT TAXIWAY B SOUTH OF RUNWAY 18/36 FAA AIP 3-19-0094-0047-2020 RECONSTRUCT WEST TERMINAL APRON AND CLEAN/RESEAL JOINTS EAST TERMINAL APRON FAA AIP 3-19-0094-0046-2020 REMOVE TREES FAA AIP 3-19-0094-0047-2020 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 11th day of June, 2020 , until 1:00 p.m. for the reconstruction of the Reconstruct Taxiway B South of Runway 18/36; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron; and Remove Trees - FAA AIP 3-19-0094-0046 and 0047-2020, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 11th day of June, 2020 , at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PRE -BID MEETING A pre -bid meeting for this project will be not be held. Bidders are encouraged to contact the Airport Director at 319-291-4483 to arrange for a site visit prior to preparation of their bids. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on June 15, 2020 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project for the improvements at the Waterloo Regional Airport, Waterloo, Iowa, consists of: • FAA AIP 3-19-0094-0046-2020 Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron consists of reconstruction of West Terminal Apron, including removal of the existing bituminous apron pavement ranging in thickness from ten (10) to twelve and one-half (12 1/2) inches in thickness; removal and replacement of the existing base and subbase materials; installation of cement treated permeable base course; installation of approximately 3,400 square yards of 12 '/2 -inch thick Portland Cement Concrete Pavement; reconstruction and installation of three (3) storm sewer structures; and Add Alternate Bid Option for joint cleaning/sealing. • FAA AIP 3-19-0094-0047-2020 Reconstruct Taxiway B South of Runway 18/36 and Remove Trees consists of reconstruction of Taxiway B South of Runway 18/36 with 13-inch Portland Cement Concrete FAA AIP 3-19-0094-0046 and 0047-2020 NTB-1 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA F'agee4U of 165 Pavement; removal and replacement of Taxiway B Medium Intensity Edge Lights, wiring and conduit, and replacement with new LED Medium Intensity Taxiway Edge Lights, new conduit and wiring, and LED Guidance Signage; removal of existing subdrain system and installation of new system; pavement marking for Taxiway B; reconstruction of Taxiway C south of Runway 12/30; and clearing and grubbing of trees north of Runway 18/36 and clearing and grubbing of trees west of Runway 18/36. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed according to the terms of the entire contract within one hundred -fifty (150) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages in the amount of $500.00 per calendar day for each day in excess of the authorized contract time. In addition, the Runway 18/36 closure for Phase 2 work shall be limited to thirty (30) calendar days. Failure to complete Phase 2 work and re -open Runway 18/36 to traffic within the allotted time will result in assessment of liquidated damages in the amount of $1,000 per calendar day for each day in excess of the thirty (30) calendar days allotted in the contract. It is anticipated that the contact will be awarded in August of 2020 with reconstruction of the Taxiways beginning in the Spring of 2021. Work on the terminal apron including the bid alternate work may be completed during the Fall of 2020. Removal of trees is required to be completed between October 1, 2020 and March 31, 2021. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed, and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Complete digital Plans and Specifications are available at www.questcdn.com. You may download the digital documents free of charge from Questcdn by inputting Questcdn Project #6971330 on the website's Project Search page. Please contact Questcdn.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading and working with this digital project information. Complete digital Plans and Specifications are also available at AECOM by calling 319-232-6531 or emailing David Hughes, Project Manager, at david.hughes@aecom.com. Optional paper copies of the Plans and Specifications are available from AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, upon receipt of a $30.00 deposit (CHECK ONLY). Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Waterloo AECOM office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Please DO NOT obtain Bid Documents from any source other than Questcdn.com or through the AECOM Waterloo office as listed above. Obtaining documents through any other source could prevent Bidder from being included on the official AECOM Plan Holders List which, in turn, may cause the Bidder to not receive addenda or other time - FAA AIP 3-19-0094-0046 and 0047-2020 NTB-2 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA �agee4s1 of 165 sensitive / bid -critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed ninety (90) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa and preference will be given to local domestic labor in the construction of the improvements. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer -generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer -generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer -generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. FAA AIP 3-19-0094-0046 and 0047-2020 NTB-3 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA rae ge42 of 165 MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. FAA AIP 3-19-0094-0046 and 0047-2020 NTB-4 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA F'agee46 of 165 Each bidder submitting a bid shall execute and include with the bid a Resident Bidder Certification or a Non - Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. FAA AIP 3-19-0094-0046 and 0047-2020 NTB-5 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA �agee4s4 of 165 GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally - assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 7.8 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); FAA AIP 3-19-0094-0046 and 0047-2020 NTB-6 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA F'agee4 of 165 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left hand corner as follows: Bid of (Name and Address of Contractor) for Reconstruct Taxiway B South of Runway 18/36; Reconstruct West Terminal Apron and Clean/Reseal Joints East Terminal Apron; and Remove Trees, Waterloo, Iowa, FAA AIP 3-19-0094-0046 and 0047-2020. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FAA AIP 3-19-0094-0046 and 0047-2020 NTB-7 of 7 AECOM #60625545 Waterloo Regional Airport FY 2020 FAA FAIP 'agee4t of 165 This Page Left Blank Intentionally Page 47 of 165 AIRPORT DIAGRAM �A120.65 UATERLOO TOWER 18.1 257.8 1 ND CON rnTIs 121.9 269.1 _M_ _ DUNKERTON ROAD r FIELD ELEV 873 fr. O WIG-WAGS-- • ELEV 665l 868 WIND CONE A 0 36 A ELEV 867 5g03x129 � CONTROL TOWER A WIND 977 CONE TERMINAL UMW AIRLINE HIGHWAY PERIMETER FENCE WIG -WAGS CONE WATERLOO, IOWA FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM FUNDING 5-YEAR CAPITAL IMPROVEMENTS PLAN PROJECT DESCRI PTION 10% LOCAL AIP MATCH TOTAL FISCAL YEAR 2019- NO FAA PROJECT CARRY OVER FAA ENTITLEMENTS FOR FY 2020 PROJECT FISCAL YEAR 2020 n 0 Q 0 OBSTRUCTION MITGAT1ON 141,750 15,750 157,500 RECONSTRUCT TERMINAL APRON - PHASE 575,302 63,923 639,225 RECONSTRUCTION OF TAXIWAY B 2,206,042 245,116 2,451,158 TOTAL FISCAL YEAR 2020 2,923,094 324,789 3,247,883 FISCAL YEAR 2021 ® PAVEMENT MAINTENANCE (RUNWAY12-30) 634,528 70,503 705,031 TOTAL FISCAL YEAR 2021 634,528 70,503 705,031 FISCAL YEAR 2022 Q OS TAXIWAY WEST (DESIGN AND CONSTRUCTION) 1,150,987 127,887 1,278,874 TOTAL FISCAL YEAR 2022 1,150,987 127,887 1,278,874 FISCAL YEAR 2023 © AIRFIELD PAVEMENT MARKING 189,248 21,027 210,275 (RUNWAY 18-36 TAXIWAYS) 0 AIRFIELD PAVEMENT SWEEPER 265,500 29,500 295,030 TOTAL FISCAL YEAR 2023 454,748 50,527 505,275 AIP GRAND TOTAL 5,163,357 573,706 5,737,063 AIP - FEDERAL PARTICIPATION A COM Page 49 of 165 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa, in the amount of $353,940.40 and approving release of retainer in the amount of $17,697.02, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and receive and file two-year maintenance bond. City Council Meeting: 5/26/2020 Prepared: 5/19/2020 REVIEWERS: Department Waste Management Clerk Office Reviewer Hosford, Matt Higby, Nancy ATTACHMENTS: Description ❑ Memo to Waterloo Mayor and City Council ❑ Completion of Project Cont 962 o Bond SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Backup Material Backup Material Date 5/20/2020 - 8:47 AM 5/20/2020 - 9:33 AM Resolution approving Completion of Project and Acceptance of Work for work performed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa, in the amount of $353,940.40 and approving release of retainer in the amount of $17,697.02, in conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and receive and file two-year maintenance bond. Submitted By: Matt Hosford, Collections Systems Project Director Approve Resolution for Completion of Project. $17,697.02 total project contract of $353,940.40 S ewer. Page 50 of 165 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50703 • Phone (319) 291-4553 Date: May 19, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Resolution Approving the Final Acceptance of the 2018 CIP Pipelining Phase IIIC (Contract No. 962) Background Discussion The 2018 CIP Pipelining Phase IIIC is part of the sewer rehabilitation and lining projects laid out in the master plan. Municipal Pipe and Tool Company, LLC of Hudson, IA completed the work. The total cost of completed work was $353,940.40. AECOM has reviewed the project and is recommending finalization of the project and the release of the 5% retainage in the amount of $17,697.02. Recommended Action It is recommended that City Council approve the final acceptance of the completed project and release retainage in the amount of $17,697.02. Page 51 of 165 AECOM May 19, 2020 Mr. Matt Hosford Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2019 CIP Pipelining Phase IIIC Pay Estimate No. 6 City of Waterloo, Iowa City Contract No. 962 AECOM #60604454 Dear Mr. Hosford: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Attached is Pay Estimate No. 6 submitted by Municipal Pipe Tool Co., LLC (MPT), for the FY 2019 CIP Pipelining Phase IIIC project. This Pay Estimate covers the retainage release. The Project is approximately 100% complete. AECOM recommends the City of Waterloo release the project retainage of $17,697.02 to Municipal Pipe Tool Co., LLC. Yours sincerely, Christopher G. Oelkers, PE Enclosure: Pay Estimate Tabulation Completion Statement P:\60604454\600_Construction_Support\04-PH IIIC\660_Pay Applications\PE No. 6 - Final Payment Mat CIPP PH IIIC - Pay Estimate No 6 LTR.docx Page 52 of 165 A=COM May 19, 2020 Mr. Matt Hosford Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: FY 2019 CIP Pipelining Phase IIIC Completion Statement City of Waterloo, Iowa City Contract No. 962 AECOM #60604454 Dear Mr. Hoambrecker: By this letter, we hereby state: AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com 1. A final review of the above -referenced project was held, and the project is considered complete as of May 19, 2020. 2. To the best of our knowledge and belief, based on observations of AECOM staff during construction, the contractor, Municipal Pipe Tool Co., LLC, has performed the work in accordance with the plans, specifications and contract documents in effect for the above -referenced project. 3. The total cost of the completed work is $353,940.40. 0,,,,,,0i,,,rt„r„,1/4 ,°"‘ (:)EsSr0",,,„ _., Q • • • (' -- :CHRISTOPHER G.'. 0 ill : OELKERS : z = c> 22053 • m i '. .- -Z, ` '', 10 W A ,°" 1,,,,,,,I,,,L,,,1, ° I hereby certify that this engineering document was prepared under my direct personal supervision and that I am a duly Professional Engineer under the laws of the state of Iowa. by me or licensed 05/19/2020 CHRISTOPHER G. OELKERS, P.E. License No. 22053 Date My license renewal date is December 31, 2021. Pages or sheets covered by this seal: All Pages P:\60604454\600_Construction_Support\04-PH IIIC\660_Pay Applications\PE No. 6 - Final Payment\20200515 Wat CIPP PH IIIC - Completion Statement.docx Page 53 of 165 PAY ESTIMATE FOR FY 2019 CIP PIPELINING PHASE IIIC A=COM CITY OF WATERLOO WATERLOO, IOWA AECOM Project No. 60604454 Period Ending : 05/15/20 Estimate No.: 6 Contractor : Municipal Pipe Tool Co. LLC NO. DESCRIPTION UNIT 1 UNIT PRICE CONTRACT PROJECT TOTAL TO DATE CURRENT PERIOD %COMP TOTAL QUANTITY AMOUNT INSTALLED QUANTITY TOTAL INSTALLED QUANTITY AMOUNT 1 8" Diameter CIP Pipe Lining LF $ 20.50 8,224.9 $ 168,610.45 8,224.90 $ 168,610.45 $ - 100.00% 2 10" Diameter CIP Pipe Lining LF $ 22.50 694.3 $ 15,621.75 694.30 $ 15,621.75 $ - 100.00% 3 12" Diameter CIP Pipe Lining LF $ 27.75 1,249.8 $ 34,681.95 1,249.80 $ 34,681.95 $ - 100.00% 4 15" Diameter CIP Pipe Lining LF $ 43.00 0.0 $ - 0.00 $ - $ - REMOVED 5 Pipe Televising - 8" LF $ 0.50 17,445.8 $ 8,722.90 17,445.80 $ 8,722.90 $ - 100.00% 6 Pipe Televising - 10" LF $ 0.50 1,388.6 $ 694.30 1,388.60 $ 694.30 $ - 100.00% 7 Pipe Televising - 12" LF $ 0.50 2,499.6 $ 1,249.80 2,499.60 $ 1,249.80 $ - 100.00% 8 Pipe Televising - 15" LF $ 0.50 0.0 $ - 0.00 $ - $ - REMOVED 9 Pipe Cleaning -8" LF $ 1.25 9,220.9 $ 11,526.13 9,220.90 $ 11,526.13 $ - 100.00% 10 Pipe Cleaning - 10" LF $ 1.25 694.3 $ 867.88 694.30 $ 867.88 $ - 100.00% 11 Pipe Cleaning - 12" LF $ 1.25 1,249.8 $ 1,562.25 1,249.80 $ 1,562.25 $ - 100.00% 12 Pipe Cleaning - 15" LF $ 1.75 0.0 $ - 0.00 $ - $ - REMOVED 13 Type C Root Removal - 8"-10" LF $ 2.50 8,603.0 $ 21,507.50 8,603.00 $ 21,507.50 $ - 100.00% 14 Type C Root Removal - 12"-15" LF $ 3.00 721.0 $ 2,163.00 721.00 $ 2,163.00 $ - 100.00% 15 Lateral Reinstatement EA $ 75.00 240.0 $ 18,000.00 240.00 $ 18,000.00 $ - 100.00% 16 3-FT Lateral Grouting EA $ 260.00 202.0 $ 52,520.00 202.00 $ 52,520.00 $ - 100.00% 17 Protuding Tap Removal EA $ 250.00 34.0 $ 8,500.00 34.00 $ 8,500.00 $ - 100.00% 18 EXTRA WORK - MH 12-21 to 12-20 - Valley Drive HR $ 575.00 2.5 $ 1,437.50 2.50 $ 1,437.50 $ - 100.00% 19 EXTRA WORK - MH 24-08-01 to 24-08 - Byron Avenue LS $ 4,850.00 1.0 $ 4,850.00 1.00 $ 4,850.00 $ - 100.00% 20 EXTRA WORK - MH 10-15 to 10-16 - Prospect Boulevard HR $ 475.00 3.0 $ 1,425.00 3.00 $ 1,425.00 $ - 100.00% CONTRACT TOTAL SUBMITTED TO DATE CURRENT PERIOD $ 353,940.40 $ 353,940.40 $ - 100.00% CHANGE ORDERS NO. DESCRIPTION Item Number CHANGE ORDER AMOUNT ORIGINAL CONTRACT $ 377,252.75 CHANGE ORDER NO. 1 1,5,9,11,13,14,17 $ 32,664.35 CHANGE ORDER NO. 2 ALL except 16 $ (35,525.35) CHANGE ORDER NO. 3 1-3,5-7,9-11,16 $ (20,451.35) CONTRACT TOTAL $ 353,940.40 THIS PAY PERIOD Pay Estimate No. 6 $ Stored Materials This Period $ - Subtotal I $ Retainage This Period I 5.00% I $ - REQUESTED PAYMENT - PAY ESTIMATE NO. 6 I $ - PROJECT TO DATE Pay Estimate No. 1 $ 83,595.70 Pay Estimate No. 2 $ 207,721.40 Pay Estimate No. 3 $ 9,754.65 Pay Estimate No. 4 $ 19,848.65 Pay Estimate No. 5 $ 33,020.00 Pay Estimate No. 6 $ WORK COMPLETED TO DATE $ 353,940.40 TOTAL STORED MATERIALS TO DATE $ TOTAL REQUESTED PAYMENT TO DATE $ 353,940.40 Retainage to Date 0.00% $ TOTAL REQUESTED PAYMENT TO DATE LESS RETAINAGE $ 353,940.40 PREVIOUS PAYMENTS Pay Estimate No. 1 $ 79,415.92 Pay Estimate No. 2 $ 197,335.33 Pay Estimate No. 3 $ 9,266.92 Pay Estimate No. 4 $ 18,856.22 Pay Estimate No. 5 $ 31,369.00 M. Previous Payment Subtotal $ 336,243.38 REQUESTED PAYMENT - PAY ESTIMATE NO. 6 $ 17,697.02 05/15/20 Municipal Pipe Tool Co. LLC Date 05/15/20 Christopher G. Oelkers, AECOM, Project Engineer Date CITY OF WATERLOO Date P366604454\600_Construction_Support\04-PH IIIC\660_Pay Applications \PE No. 6 - Final Payment\[WAT CIPP PH IIIC - Pay Estimate No 63dsx]Pay Estimate 06 Page 54 of 165 MAINTENANCE BONO KNOW ALL MEN BY THESE PRESENTS: Bond No. IAC588593 That, Municipal Pipe Tool Co., LLC of Hudson, Iowa as Principal, and the Merchants Bonding Company (Mutual) as Surety, are held and firmly bound unto City of Waterloo in the penal spin of Three Hundred Fifty-three Thousand Nine Hundred Forty And 40/1da $353,940.40 Dollars. lawful money of the United States of America, for the payment of which, well and truly to be made. the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a certain contract. with City of Waterloo To furnish all the material and labor necessary for the construction of FY 2019 CIP Pipelining Phase IIIC, City Contract No. 962, City of Waterloo, Iowa in Waterloo, Iowa In conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of acceptance of the work under said contract; and Whereas, the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to. join with said Principal in such bond or guarantee, indemnifying said City of Waterloo Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy anv and all defects that may develop in said work within the period of two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of May , 2020 13th Munich I Pipe Tool Co., LLC By: dW1tija, Merchant Bonding Comp!(Mutual) Surety Dione R. Young Page 55 of 165 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Dione R. Young their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of March , 2020 . STATE OF IOWA COUNTY OF DALLAS ss. On this 5th day of March 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. President ••. PZ10Nq? • .0\O . it:).. "&% -0- �..�: :f!-)! -o- o*..,: �': 2003 J : . .. 1933 • c: By .�d ..• ' • ' ••vb,. .•4 •' •.••�i'' .,,. '. ••••..�.....• POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of May , 2020 Secretary POA 0018 (1/20) Page 56 of 165 CITY OF WATERLOO Council Communication Resolution approving specifications, bid documents, etc., setting date of bid opening as June 11, 2020 and date of public hearing as June 15, 2020, in conjunction with the purchase and installation of FY21 Police Vehicle Equipment, and instruct City Clerk to publish notice. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 5/20/2020 - 11:29 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 12:01 PM ATTACHMENTS: Description Type ❑ Patrol car bid spec sheet Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Resolution approving specifications, bid documents, etc., setting date of bid opening as June 11, 2020 and date of public hearing as June 15, 2020, in conjunction with the purchase and installation of FY21 Police Vehicle Equipment, and instruct City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to seek bids, setting the date of bid opening as June 11, 2020 and the date of Public Hearing of June 15, 2020 for the purchase and installation for of FY20 Police Vehicle equipment, and instruct the City Clerk to publish said notice. The purchase of equipment and installation for Police squad cars are bid out on an annual basis. CIP Bonds Page 57 of 165 CITY OF WATERLOO Council Communication Resolution approving specifications, bid documents, etc., setting date of bid opening as June 18, 2020 and date of public hearing as June 22, 2020, in conjunction with the Police Department FY21 Ammunition Bids, and instruct City Clerk to publish notice. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Police Department Clerk Office Reviewer Mohlis, Dave Higby, Nancy ATTACHMENTS: Description ❑ Police Ammo Bid Specifications SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo Date 5/20/2020 - 11:49 AM 5/20/2020 - 12:03 PM Resolution approving specifications, bid documents, etc., setting date of bid opening as June 18, 2020 and date of public hearing as June 22, 2020, in conjunction with the Police Depailiiient FY21 Ammunition Bids, and instruct City Clerk to publish notice. Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to seek bids, setting the date of bid opening as June 18th and the date of Public Hearing of June, 2020 for the FY 20 Ammunition needs, and instruct the City Clerk to publish said notice. This is an annual purchase of ammunition used in firearms training for the Police Department. This ammunition is needed in order to maintain proficiency and certifications in a variety of weapon systems. Yes General Funds None None Ammunition costs and requirements to continue to increase each year. The delay from order to delivery can be up to a year. This ammunition is utilized to maintain proficiency and certification that reduces liability. N/A Page 58 of 165 BID PROPOSAL AMMUNITION CITY OF WATERLOO, IOWA POLICE DEPARTMENT PREAMBLE The undersigned being a corporation under the laws of the State of ; a partnership consisting of the following partners: , or an individual doing business as , being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity to the City of Waterloo, Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703. SUBMISSION OF BIDS Sealed bid proposals will be received by the City of Waterloo, City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than 1:00 P.M. on the 18th of June 2020. Any bid submitted after the specified time shall be rejected. Bids should be clearly marked FYE 2021 Ammunition Bids. SPECIFICATIONS The bidder proposes to deliver to the City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, the below specified items during fiscal year FYE 2021 beginning July 1, 2020 through June 30, 2021, after notification that he/she is the successful bidder by issuance of a purchase order mailed, telegraphed or delivered to the undersigned vendor, accompanied by a copy of this proposal bearing the City Clerk's signature. Factory New Service Ammunition 1. 12,000 rounds of 9mm 147 grain, jacketed hollow point, Federal HST, (P9HST2) or similar. 2. 85,000 rounds of Federal American Eagle 9 mm, 147 grain, full metal jacket (AE9FP) or similar. 3. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00) or similar. 4. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell 1 ounce low recoil slug. (LEF127-RS) or similar. 5. 8,000 rounds of Federal .223 caliber, 64 grain, Soft Point Tactical Rifle Urban. (T223L) or similar. 6. 35,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) or similar. 7. 1,000 rounds of Hornady gmx tap heavy barrier .308 caliber, 165 grain. 8. 2,000 rounds of Hornady amx tap .308 caliber, 168 grain. 9. 1,000 rounds of Hornady Interbound Tap Barrier 308 caliber, 165 grain. Page 59 of 165 List any deviations from the specifications included herein: Any and all warranty information or provisions shall be in writing and submitted with the bid proposal. Failure to submit warranty information may warrant rejection of bid. The bidder shall have, on a separate sheet, the terms of this warranty. By attachment, the Term of the Warranty becomes part of this bid. The seller must have $1,000,000.00 Product Liability Insurance for each occurrence of bodily injury and each occurrence of property damage. (Submit a certified copy of insurance coverage with bid.) Bidders shall provide the City of Waterloo, in writing, with any and all deviations from the attached specifications. The bidder shall specify any deviations that he/she proposes from the above specifications in the same sequence as stated in said specifications. By attachment, the listed deviations become part of this bid. Any questions regarding the specifications should be directed to Captain Dave Mohlis at 319-291-4400. GENERAL REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be submitted to the City Clerk's Office in a sealed envelope clearly marked as follows: "BID PROPOSAL FYE 2021 AMMUNITION" The name of the business submitting the bid must be clearly marked on the envelope. Faxed or electronic bids will not be accepted. All bids must meet or exceed minimum specifications as previously defined. Bids that do not meet or exceed the minimum specifications, as determined by the City, shall be rejected. The vendor bid prices shall include all shipping costs. The City is tax exempt from federal excise and state taxes. Taxes should be excluded from the bid cost. All bid prices, upon submission by the bidder, are recognized by the City and vendor to be irrevocable for one year commencing from the deadline date for bids to be received by the City of Waterloo, Iowa. Standard procedure dictates that the City of Waterloo will accept the lowest responsible bid. However, the bidder understands that the City reserves the right to reject any bid that is either considered not to be responsible or not most advantageous to the City. The City will award the contract to the responsible bidder whose bid meets or exceeds the minimum specifications. The City of Waterloo, Iowa, reserves the right to reject any and all bids, or any or all parts of a bid. Upon acceptance of the bid, a purchase order mailed, telegraphed or delivered to the undersigned vendor which is accompanied by a copy of this proposal bearing the City Clerk's signature shall constitute acceptance of the bid and, therefore, be legal and binding agreement. Page 60 of 165 If applicable, the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrances of which the City at the time of purchase had no knowledge. OPENING AND ACCEPTANCE OF BIDS Sealed bid proposals will be opened and read at 1:00 P.M. on the 18th of June 2020, at the Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa. Bids will be acted upon at a later time. CANCELLATION The successful bidder understands that the City of Waterloo shall cancel this agreement within thirty days' notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. PAYMENT PROCEDURES The City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, shall make a lump sum payment within thirty days of receipt of billing from the vendor and acceptance of commodity by the City. The bidder, having read this document, hereby acknowledges that bid proposal completely reflects the total bid as contained herein. By Title Date ATTEST: , City Clerk Date Proof of Insurance Coverage Company Name Address Telephone Policy Number *Attach Certified Copy of Insurance Coverage BID PRICES Page 61 of 165 Factory New Service Ammunition 1 12,000 rounds of 9mm 147 grain, jacketed hollow point, Federal HST, (P9HST2) or similar. $ per 1000 rounds 2. 85,000 rounds of Federal American Eagle 9 mm, 147 grain, full metal jacket (AE9FP) or similar. $ per 1000 rounds 3. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00) or similar. $ per 250 rounds 4. 2,000 rounds of Federal 12 gauge 2 3/4 inch shot shell 1 ounce low recoil slug. (LEF127-RS) or similar. $ per 250 rounds 5. 8,000 rounds of Federal .223 caliber, 64 grain, Soft point Tactical Rifle Urban. (T223L) or similar. $ per 500 rounds 6. 35,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223) or similar. $ per 500 rounds 7. 1,000 rounds of Hornady gmx tap heavy barrier .308 caliber, 165 grain $ per 500 rounds 8. 2,000 rounds of Hornady, amx tap .308 caliber, 168 grain $ per 500 rounds 9. 1,000 rounds of Hornady Interbound Tap Barrier .308 Calber, 165 grain $ per 500 rounds Page 62 of 165 CITY OF WATERLOO Council Communication Resolution approving request by the Police Department to seek proposals for the FY2021 Police uniform needs. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Police Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Mohlis, Dave Felchle, Kelley Action Approved Approved Date 5/20/2020 - 12:03 PM 5/20/2020 - 1:34 PM Resolution approving request by the Police Department to seek proposals for the FY2021 Police uniform needs. Submitted By: Dave Mohlis, Police Captain Authorize the Police Department to seek bids for the purchase Police uniforms and set the date of bid opening of June llth, 2020. This Police Department supplies uniforms for department employees. This requires an annual bid to be completed for those uniforms. Yes General Funds None None Page 63 of 165 CITY OF WATERLOO Council Communication Resolution approving Acceptance of Improvements for work performed by Deer Creek Development, LLC, for Drainage Swale Storm Sewer serving Greenbelt Centre Plat No. 5 and amp; Plat No. 8, and receive and file a four-year maintenance bond. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 5/20/2020 - 10:06 AM Clerk Office Even, LeAnn Approved 5/20/2020 - 11:28 AM SUBJECT: Resolution approving Acceptance of Improvements for work performed by Deer Creek Development, LLC, for Drainage Swale Storm Sewer serving Greenbelt Centre Plat No. 5 and amp; Plat No. 8, and receive and file a four- year maintenance bond. Submitted by: Submitted By: Dennis J. Gentz, PE, Assistant City Engineer Summary Statement: The improvements have been completed in substantial conformance with the construction plans, standards, and requirements of this office. Page 64 of 165 MERCHAN'T, BONDING COMPANYn,, MERCHANTS BONDING COMPANY (MUTUAL) P.O. Box 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Jesup Land Improvement Co. Bond No. IAC582439 of 1995 Baxter Ave, Jesup IA 50648 as Principal, and the Merchants Bonding Company (Mutual) held and firmly bound unto the City of Waterloo, Iowa 715 Mulberry Street, Wateiloo IA 50703 as Surety are in the penal sum of Three Hundred Thousand Dollars and Zero Cents ($300,000.00 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of June 2020 WHEREAS, the Principal entered into a certain contract, dated the 26th day of May 2020 with the City of Waterloo, Iowa to furnish all the material and labor necessary for the construction of Drainage Swale Storm Sewer Serving Greenbelt Centre Plat No. 5 & Amp; Plat No. 8 (3) Separate 700' Runs of 48" Pipe (Pipe Takes Overflow Water From Retention Pond & Drains Into Open Ditch) in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 4 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the Merchants Bonding Company (Mutual) for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa as aforesaid NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall, at the Principal's own cost and expense, remedy any and all defects that may develop in said work, within the period of 4 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. It is agreed that while the Principal shall be and remain liable for failure to adhere to the specifications which form the basis for the work, the Surety, inasmuch as the original work was not bonded, shall be obligated only to assure the maintenance of the work in the condition in which it existed at the time the work was accepted. Any obligation beyond this shall be that of only the Principal. Jesup Land Improvement Co. Approved By CON 0304 (2/15) Principal Merchants, B • riding Company j►�� trial) assandra J. Daley - Attorne-gin Fac 6 /c/aa& 7 E RC HANTS BONDING COMPANYn.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually Andrew J Scanlon; Cassandra J Daley; Glenda R Tibben; Jennifer Freymark; Joan A Bonewitz; Katie A McGlaun; Kevin S Mease; Lori A Frerichs; Megan A Kuker; Michael L Byl; Norma J Creighton; Timothy J Gassmann their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this ''�*rrrrrrxt�t .44. et % 0 IV,q 4 t'.t e # st o C9 . ®Ao Z: k 0 Q :7i;afi 6... • 2003 ,:,,o a i d • ••• O i .• •..• .• ••• e •0 it. STATE OF IOWA COUNTY OF DALLAS ss. On this 19th day of March 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. • . O mi' P O,t' • � . 4 e 4' • ea • • • • e Vj • • 0 •_ -- • • • 6L • 4•. o o % • • • • • . . • • •L'\ e•ill• . ♦ o ♦ • • 1933 19th day of March 2020 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President OAC sfi POLLY MASON Commission Number 750576 . My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this POA 0018 (1/20) 4.1111611(114; ..•o�poft •••. B sew p% �4 0: 2 003 ..0 a /So '•' •'• • 0+ ♦ \* ••' .•• O0• • • •• • • • • • •s n •••�rr'Irrrit``o' .• a\Ui C04. • •• O APO .• �. ♦ • �. co '�A ea se. 4. ra• • • sa-- - 0 - • b •^ • z• • • 1933 Secretary • .� • ••i •• • • • i • • • day of tfriei 3420, easelanzys7 CITY OF WATERLOO Council Communication Motion approving a Fireworks Display Application by Waterloo Bucks Ball Club, for a firework display on May 30, June 1, 13, 20, July 4, 11, 25, and August 1, 2020, starting at 10:00 p.m. at Riverfront Stadium, 850 Park Road. City Council Meeting: 5/26/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/20/2020 - 3:29 PM SUBJECT: Motion approving a Fireworks Display Application by Waterloo Bucks Ball Club, for a firework display on May 30, June 1, 13, 20, July 4, 11, 25, and August 1, 2020, starting at 10:00 p.m. at Riverfront Stadium, 850 Park Road. Page 65 of 165 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/26/2020 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 5/20/2020 - 10:08 AM ATTACHMENTS: Description Type ❑ Bonds for council approval 5.26.2020 Backup Material SUBJECT: Bonds. Page 66 of 165 BONDS FOR COUNCIL APPROVAL May 26, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 601656 2435257 PETERS CONSTRUCTION CORP. WILLIAM V FROST WATERLOO, IA WATERLOO, IA Page 67 of 165 CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00. City Council Meeting: 5/26/2020 Prepared: 5/6/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Council Attachments ❑ Vacate Plat SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 5/20/2020 - 11:05 AM 5/20/2020 - 11:31 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a portion of Oregon Street right-of-way, subject to the retention of a sewer easement over a portion of the vacate area, located west of 1628 Washington Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution approving sale and conveyance of a portion of Oregon Street right-of-way, in the amount of $1.00, to the Waterloo Community School District, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The right-of-way in question runs north and south between the Waterloo Community School Administration Building and Lowell Elementary and may have been for the future extension of Oregon Street. Once the right-of-way is vacated the property will be sold to the Waterloo Community School District and a sewer easement will need to be retained over a portion of the area as there is a 24" sanitary sewer line that runs along the easterly side of the right- of-way. The right-of-way in question may have been vacated in the early 1900's, however, there is no documentation that the vacate process was ever Page 68 of 165 finalized by Waterloo City Council Therefore staff is making the request at this time to finalize that action. Expenditure Required: None Source of Funds: N/A Policy Issue: Disposal of City Property. Parcel "G" Description: Legal Descriptions: Parcel "G" of the Southwest Quarter (SW 1/4), Section 25, Township 89 North, Range 13 West of the 5th Principle Meridian, City of Waterloo, Black Hawk County, Iowa, being that portion of the platted and unnamed 33-foot wide public right-of-way along the east side of Hallock's Plat of Outlots, being more particularly described as follows: Beginning at the northeast corner of Lot 39, Hallock's Plat of Outlots; thence South 48°58'23" East 44.63 feet along the southwesterly right-of-way of Washington Street to the northwest corner of Lot 7, Anthony Baker's Plat of Outlots; thence South 00°48'26" East 788.47 feet along the west line of said Lot 7 to the north right-of-way line of Williston Avenue, as currently established, said north right-of-way line being 30 feet north of the south line of said Lot 7; thence South 89°39'42" West 33.00' along the north right-of- way line of Williston Avenue to the east line of Lot 34, Hallock's Plat of Outlots, said north right-of-way line being 30 feet north of the south line of Hallock's Plat of Outlots; thence North 00°48'26" West 761.34 feet along the east lines of Lots 34, 33, and 26 of Hallock's Plat of Outlots to the northeast corner of said Lot 26; thence North O1°03'55" West 56.63 feet along the east line of said Lot 39 to the point of beginning, containing 26,510 square feet (0.61 acres), subject to an easement for sewers over, under, across, and upon the entire parcel except for the following area: Commencing at the northeast corner of Lot 26, Hallock's Plat of Outlots; thence South 0°48'26" East along the east line of said Lot 26, 113.5 feet to the point of beginning of this exception; thence North 89°11'34" East, normal with the said east line,16.0 feet; thence South 0°48'26" East, parallel with said east line, 75.0 feet ; thence South 89°11'34" West, normal with said east line, 4.0 feet; thence South 0°48'26" East, parallel with said east line, 92.0 feet; thence South 89° 11'34" West, normal with said east line, 12.0 feet to the east line of Lot 26; thence North 0°48'26" West, along the east line of Lot 26, 167.0 feet to the point of beginning. Page 69 of 165 March 3, 2020 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO Request by the City of Waterloo to vacate approximately 33' x 818' (26,994) SF of Oregon Street right-of-way located west of 1628 Washington Street (Lowell Elementary). City of Waterloo, 715 Mulberry Street, Waterloo Iowa, 50703. The applicant is requesting to vacate the right-of-way with the intent of selling to the Waterloo Community School District. The request to vacate the easement would not appear to have a negative impact on the neighborhood. The request to vacate the right-of-way will not impact pedestrian or traffic conditions in the immediate vicinity. There is a recreational trail along the north side of Washington Street, as well as the downtown River Loop Recreational Trail further north of the site along the Cedar River. The property in question and areas to the east and west are zoned "R-3" Multiple Family Residence District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding land uses and there zoning are as follows: North — "M-1" Light Industrial District. South — "R-2" One and Two Family Residence District. East — "R-3" Multiple Family Residence District. West- "R-3" Multiple Family Residence District. The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. Immediately to the west is the Waterloo Community School District Administration Office and to the east is Lowell Elementary. There is Residential south of Williston Avenue, and Light Industrial north of Highway 218/Washington Street. The right-of-way being vacated is not located in a 100-year floodplain as indicated by the Flood Insurance Rate Map No. 1900025 0169F. Lowell Elementary is immediately to the east. There is a 24" sanitary sewer line that runs along the easterly right- of-way line in the area to be vacated. Therefore, a utility easement over the area to be vacated will need to be retained. The Future Land Use Map designates the area as Low Density Oregon Street Easement Vacate Page 1 of 2 Page 70 of 165 March 3, 2020 COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Residential, and this request would be in compliance with such designation. The right-of-way in question runs north and south between the Waterloo Community School Administration Building and Lowell Elementary and may have been for the future extension of Oregon Street. Once the right-of-way is vacated the property will be sold to the Waterloo Community School District and a utility easement will need to be retained over the entire area as there is a 24" sanitary sewer line that runs along the easterly side of the right-of-way to be vacated. The right-of-way in question was vacated in the early 1900's, however, there is no evidence that the vacate process was ever finalized by Waterloo City Council. Therefore staff is making the request at this time to finalize that action. There would be no platting required in relation to the request. Therefore, staff recommends the request by the City of Waterloo to vacate 33' x 818' (26,994) SF of Oregon Street right-of-way located west of 1628 Washington Street be approved for the following reasons: 1. The request to vacate the right-of-way would not appear to have a negative impact on the surrounding area. 2. The request to vacate right-of-way would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area is no longer needed for right-of-way purposes. And subject to: 1. That a utility easement be retained over the entire area being vacated. Oregon Street Easement Vacate Page 2 of 2 Page 71 of 165 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 Cedar River West of 1628 Washington Street Vacate of Oregon Street Waterloo Public Schools Page 72 of 165 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 West of 1628 Washington ROW Vacate Waterloo Pubic Schools Page 73 of 165 Oregon Street Vacate Looking northeast from Williston toward Washington. Looking north from Williston. Looking south from driveway off of Washington. Looking southwest along the back of the existing Lowell Elementary. Page 74 of 165 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property G7T703 Applicant: [-fl \\ of V•ifilftUDO Address:? ( pl VL�P�-J C/ (..A4 ilhone No.: 3l -cf? )—(f 3a0 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: 1V/A Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: �6 r( 5. Other: Please provid a site .. a d/or aerial photo of the area to be vacated if the request involves addition. c as so for the request. Z;2L20 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 75 of 165 Index Legend Location Description: Hallock's Plat of Outlots, City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcel "G" of the SW 1/4, Sec. 25, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Parcel "G" Description: That portion of the platted and unnamed 33-foot wide public right-of-way along the east side of Hallock's Plat of Outlots, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the northeast corner of Lot 39, Hallock's Plat of Outlots; thence South 48°58'23" East 44.63 feet along the southwesterly right-of-way of Washington Street to the northwest corner of Lot 7, Anthony Baker's Plat of Outlots; thence South 00°48'26" East 788.47 feet along the west line of said Lot 7 to the north right-of-way line of Williston Avenue, as currently established, said north right-of-way line being 30 feet north of the south line of said Lot 7; thence South 89°39'42" West 33.00' along the north right-of-way line of Williston Avenue to the east line of Lot 34, Hallock's Plat of Outlots, said north right-of-way line being 30 feet north of the south line of Hallock's Plat of Outlots; thence North 00°48'26" West 761.34 feet along the east lines of Lots 34, 33, and 26 of Hallock's Plat of Outlots to the northeast corner of said Lot 26; thence North 01 °03'55" West 56.63 feet along the east line of said Lot 39 to the point of beginning, containing 26,510 square feet (0.61 acres), subject to an easement for sewers over, under, across, and upon the entire parcel except for the following area: Commencing at the northeast corner of Lot 26, Hallock's Plat of Outlots; thence South 0°48'26" East along the east line of said Lot 26, 113.5 feet to the point of beginning of this exception; thence North 89°11'34" East, normal with the said east Iine,16.0 feet; thence South 0°48'26" East, parallel with said east line, 75.0 feet ; thence South 89°11'34" West, normal with said east line, 4.0 feet; thence South 0°48'26" East, parallel with said east line, 92.0 feet; thence South 89°11'34" West, normal with said east line, 12.0 feet to the east line of Lot 26; thence North 0°48'26" West, along the east line of Lot 26, 167.0 feet to the point of beginning. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "G" assigned by the Black Hawk County Auditor's Office on April 27, 2020. I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the PRELIMINARY William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2021. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: April 2020 Date Drawn: April 28, 2020 Sheet No. 1 of 2 Page76 of-165 Plat of Survey Parcel "G" SW 1/4, Section 25, T89N, R13W City of Waterloo, Black Hawk County, Iowa o ' rt,\ 6. POB Line Table 0 / �!J / ,, / / ° �O / k��j sO A L1 �Cf ��� A L2 �0 ! / A%)' LOT 39 PARCEL "G" (44.63' S 48°58'23" E) B J 0 75 L1 - 50' D 49.95' R (49.93') (S 48°54'07" E) L2 - 55.00' R (54.95') (S 48°49'30" E) L3 - 123.65' R (123.55') (S 89°51'17" W) L4 - 123.68' R (123.55') (N 41°04'11" E) L5 - 30' (30.07') (N 01°29'30" W) L6 - 30' (30.09') (S 00°48'26" E) 150 L7 - 33' (33.00') (S 89°39'30" W) ?PI _/ L3 C L8 - 30' (30.10') (N 00°48'26" W) B R 56.72' (56.63') (N 01°03'55" W) 1 \ sj, Scale: 1" = 150' L9 - 30' (30.11') (N 0°20'30" W) \ -/C D - DEED; R - MISC 309 PG 387 \ 0 \ + Survey Notes: EASEMENT POC I " LOT 26 SEWER EASEMENT _ EXCEPTION SEE DETAIL "A" I 297'SW (33.00') 1. The Bearings shown on this survey \ / are derived from GPS observations \ Gs \ using the Iowa State Plane yCoordinate System, North Zone, \\ \ 1 NAD 83 (2011). a> ? 2. All dimensions are in US Survey feet PARCEL "G"\ q,..„ 78 and decimals thereof. 8 3. Parcel letter "G" assigned bythe 1 /4, 25-89-13 6's LOT 33 " -- 7� N HALLOCK'S . PLAT OF o OUTLOTS - ? co r 297' Black Hawk County Auditor's Office w 26,510 SF (0.61 Acres) F8Sa4z,, on April 27, 2020. N LOT 7 Co e \ o ANTHONY \ \ BAKER'S PLAT OF \ n OUTLOTS \ \is, \ l WEST LINE OF BAKER'S OUTLOTS & EAST LINE OF HALLOCK'S OUTLOTS & I WEST LINE OF SE 1/4 SW 1/4 SEC. 25, \ \� N LOT 34 T89N, R13W D 6b, LOT 6 ����,'�o / / I 33' (33.00') y'ti ��� -OT 5 297' (296.35' S 89°39'42" W) \ .� � /,.L,� )/_(S893942 " W) ti� s �% ° E LOT 5 I (95.49') L - - - --(563.85' N 89°39'42" E) (S 39°18T W) •G L9 L8 L6 WILLISTON AVE - 60' ROW (7979) (39.04') (S 39°18'23" W) 297' (296.59' S 89°39'30" W) L^v 7 K • SOUTH LINE OF HALLOCK'S OUTLOTS & / Plat Legend: SOUTH LINE OF SW 1/4 SW 1/4 SEC. 25, T89N, R13W 30' (30.01') (N 89°37'05" E) ~ cn Z 30' (30.01') 31 RODS 15 LINKS - 521.4' • Found Monument (N 89°37'05" E) (32 RODS 15.67 LINKS - 538.34') Set 5/8" x 24" Rebar w/Blue (N 89°39'30" E) 0 Plastic Cap "Iowa - 19715" SOUTH LINE OF BAKER'S OUTLOTS & ® Cut "X" in concrete, found or set SOUTH LINE OF SE 1/4 SW 1/4 SEC. 25, 123.45' Record Measurement T89N, R13W (123.45') Field Measurement 0 OO _JO W DETAIL "A" �QQ� 0 Scale 1" = 100' _ 30' (30.11') -- Monument Table H A - Found 3/4" open pipe EASEMENT N B - Found 1/2" rebar with yellow BERTCH AVE Z ) so' (59.78') cap "Iowa 8033" a ii C - Found 3/4" open pipe 1.6' deep POC w - En N \ DO A.,1_ a, a, g; I D - Found 3/4" open pipe withLO 90° elbow E - Found 3/4" open pipe with nail 30' (29.99') in center F - Found 3" square cast iron monument G - Found 1/2" clipped pipe r vm 0 W m 3 m 167.0' 1 113 N 00°48'26" W / S 00°4E / / 16.0' N 89°11'34" E LOT 7 �O H Found 1/2" id /� QQ I 30' (29.92') F - rebar w/out cap 1- Found "T" bar; 3/4" x 2" flange with 3/4" x 1" web. Measured 30 (29.28') at intersection of web centerline and bottom of flange A J - Set 5/8" rebar with blue cap "Iowa 75.0' S 00°48'26" E 4.0' S 89°11'34" w P FOREST AVE 60' (60.09') 19715" ) so' (ss.aa') K - Set Mag Spike in HMA pavement / 92.0' S 00°48'26" E y "X" L - Placed chiseled in PCC I F 60' (59.97') f driveway (S 89°29'20" W) 12.0' S 89°11'34" W City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 150' Field Work Date: April 2020 Date Drawn: 4-28-2020 Sheet No. 2 of 2 Page-77 of-165 CITY OF WATERLOO Council Communication FYE 2020 Budget Amendment. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/20/2020 - 10:35 AM Clerk Office Even, LeAnn Approved 5/20/2020 - 10:51 AM ATTACHMENTS: Description Type ❑ Council Comm 2020 Budget Amendment Cover Memo ❑ Council Comm Budget 2020 Budget Amend Details Cover Memo ❑ Budget Amendment State Form 2020 Cover Memo SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving Budget Amendment for the fiscal year ending June 30, 2020. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2019. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. The Public Works category reflects the increase n motor pool revenue and expense. 3. The Health and Social Services category reflects the change in personnel costs due to contract negotiations. 4. The Culture & Recreation program category was increased to reflect a Page 78 of 165 Expenditure Required: number of additional grants and donations received by the Cultural & Arts department, the Library and Leisure Services. The use of restricted fund balance was increased for Golf Course improvements. 5. In the Community and Economic Development program category, adjustments to hotel/motel grant revenue and expense were made. An amendment was done to record the revenue and expense for the Convention Center due to the City taking over operations effective January 15, 2020. 6. Amendments to the General Government category include reflecting the use of assigned fund balance for liability and workers compensation insurance due to increases in expenses throughout the year and increases in revenue to record stop loss insurance reimbursements received and related expenses. Highlights of amendments made in other funds are as follows: 7. In the Public Works category, the use of Local Option Tax fund balance was added to fund anticipated payments for street construction and repair projects that exceeded the original budgeted amounts. Additional revenue and expense was budgeted for traffic operations and airport projects. 8. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that not originally budgeted were added. Several construction projects were adjusted to more accurately reflect the amount of work that is expected to be paid for by June 30, 2020. 9. In the Business Type/Enterprise activity, which accounts for the activities of the sewer, storm water and sanitation funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations by June 30, 2020, including expenses and revenue for the new recycling program that was adopted effective January 1, 2020. The Transfers Out line was amended to reflect the following: 1. The transfer of an additional $400,000 of TIF revenue to the capital improvement fund that will be used for potential TIF projects. 2. To correct the amount to be transferred from the Employee Benefits Fund to the General Fund for eligible expenses. 2. Transfers necessary to property account for the sewer portion of the General Obligation refunding bond issues were added. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the first budget amendment was filed, we anticipated spending $20,710,283 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $5,407,466 to a total of $26,117,749. This is due to the following: 1. General Fund — To plan to spend hotel -motel revenue received in prior years n the amount of $419,000, to spend donation funds received in the amount of $304,643, the use of assigned fund balance for liability insurance claims and premiums of $355,714, and the use of general fund unasssigned fund balance in the amount of $600,000 for the ambulance services ground emergency medical transport program participation. It's anticipated that the City will receive additional revenue related to the GEMT program, but we are not certain that it Page 79 of 165 Policy Issue: Background Information: will be received by June 30, 2020. 2. Other Funds — To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the amount of $3,728,109. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2020. Please note that there are three attachments to this item. The first requests to set the date of hearing for the amendment. The second includes an overview of the amounts of the amendments. The third is the state form that was published in the Waterloo/Cedar Falls Courier May 6, 2020. If you have questions, I'm happy to discuss them with you! Page 80 of 165 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: May 11, 2020 HART Prepared: May 6, 2020 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large SUBJECT: FYE2020 Budget Amendment Hearing Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve a resolution to set the date of hearing on amendments to the FYE2020 Budget as May 26, 2020. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Expenditure Required: N/A Source of Funds: Various Policy Issue: expenditures. Compliance with state law regarding budgeted Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by mid -May. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 81 of 165 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer TO: Mayor Hart City Council Members DATE: May 11, 2020 FROM: Michelle Weidner, Chief Financial Officer RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2020 Enclosed is a proposed amendment to the budget for the fiscal year ending June 30, 2020 as published May 6, 2020. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2019. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. The Public Works category reflects the increase in motor pool revenue and expense. 3. The Health and Social Services category reflects the change in personnel costs due to contract negotiations. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Cultural & Arts department, the Library, and Leisure Services. The use of restricted fund balance was increased for Golf Course improvements. 5. In the Community and Economic Development program category, adjustments to hotel/motel grant revenue and expense were made. An amendment was done to record the revenue and expense for the Convention Center due to the City taking over operations effective effective January 15, 2020. Page 82 of 165 6. Amendments to the General Government category include reflecting the use of assigned fund balance for liability and workers compensation insurance due to increases in expenses throughout the year and increases in revenue to record stop loss insurance reimbursements received and related expenses. Highlights of amendments made in other funds are as follows: 7. In the Public Works category, the use of Local Option Tax fund balance was added to fund anticipated payments for street construction and repair expenses that exceeded the original budgeted amounts. Additional revenue and expense was budgeted for traffic operations, and airport projects. 8. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted were added. Several construction project budgets were adjusted to more accurately reflect the amount of work that is expected to be paid for by June 30, 2020. 8. In the Business Type/Enterprise fund activity, which accounts for the activities of the sewer, storm water and sanitation funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations by June 30, 2020, primarily including expense and revenue for the new recycling program that was adopted effective January 1, 2020. The transfers out line was amended to reflect the following: 1. The transfer of an additional $400,000 of TIF revenue to the capital improvement fund that will be used for potential TIF projects. 2. To correct the amount to be transferred from the Employee Benefits Fund to the General Fund for eligible expenses. 3. Transfers necessary to properly account for the sewer portion of the refunding bond issue were added. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $20,710,283 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $5,407,466 to a total of $26,117,749. This is due to the following: 1. General Fund — To plan to spend restricted hotel -motel revenue received in prior years in the amount of $419,000, to spend restricted donation funds received in the amount of $304,643, the use of assigned fund balance for liability insurance claims and premiums of $355,714, and the use of general unassigned fund balance in the amount of $600,000 for the ambulance services ground emergency medical transport program participation. It's anticipated that the City will receive additional revenue related to the GEMT program, but we are not certain that it will be received by June 30, 2020. 2. Other Funds — To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the amount of $3,728,109. Page 83 of 165 FYE20 Budget Amendment Memo Page 3 of 3 Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2020. If you have any questions about the information presented, please contact me. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 84 of 165 Jun-19 NOTICE OF PUBLIC HEARING Form 653.C1 AMENDMENT OF FY2019-2020 CITY BUDGET The City Council of Waterloo in BLACK HAWK will meet at City Hall Council Chambers, 715 Mulberry St Waterloo at 5:30 pm on 5/26/2020 (hour) (Date) ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, County, Iowa 2020 lvearl by changing estimates of revenue and expenditure appropriations in the following functions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 40,639,192 40,639,192 Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 Net Current Property Taxes 3 40,639,192 0 40,639,192 Delinquent Property Taxes 4 0 0 TIF Revenues 5 8,725,719 8,725,719 Other City Taxes 6 17,852,576 187,000 18,039,576 Licenses & Permits 7 1,429,150 1,429,150 Use of Money and Property 8 1,632,628 5,450 1,638,078 Intergovernmental 9 25,853,013 3,925,643 29,778,656 Charges for Services 10 28,095,203 1,056,764 29,151,967 Special Assessments 11 210,000 210,000 Miscellaneous 12 6,009,536 5,583,757 11,593,293 Other Financing Sources 13 18,660,000 8,704,000 27,364,000 Transfers In 14 17,663,250 5,009,607 22,672,857 Total Revenues and Other Sources 15 166,770,267 24,472,221 191,242,488 Expenditures & Other Financing Uses 32,748,002 1,995,288 34,743,290 Public Safety 16 Public Works 17 33,504,748 3,018,515 36,523,263 Health and Social Services 18 312,783 1,077 313,860 Culture and Recreation 19 11,613,672 164,114 11,777,786 Community and Economic Development 20 14,147,132 1,132,500 15,279,632 General Government 21 9,849,333 1,955,268 11,804,601 Debt Service 22 13,731,607 9,725,000 23,456,607 Capital Projects 23 24,791,600 4,321,482 29,113,082 Total Government Activities Expenditures 24 140,698,877 22,313,244 163,012,121 Business Type / Enterprises 25 29,118,423 2,556,836 31,675,259 Total Gov Activities & Business Expenditures 26 169,817,300 24,870,080 194,687,380 Transfers Out 27 17,663,250 5,009,607 22,672,857 Total Expenditures/Transfers Out 28 187,480,550 29,879,687 217,360,237 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -20,710,283 -5,407,466 -26,117,749 Beginning Fund Balance July 1 30 102,286,500 102,286,500 Ending Fund Balance June 30 31 81,576,217 -5,407,466 76,168,751 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: To budget for additional grant funds received and spent, ATE revenue and expense, GEMT expense, Convention Center operations, health insurance stop loss insurance receipts and expense, expenses of new recycling program, anticipated capital projects expense, inlcuding those funded with donations, grants and tax increment revneue, and refunding bond issues. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. Michelle Weidner, CPA City Clerk/ Finance Officer Name Page 85 of 165 CITY OF WATERLOO Council Communication Resolution approving an agreement with Signix for electronic signature software, at a rate of $120 per user and $3 per transaction, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Clerk Office Felchle, Kelley ATTACHMENTS: Description ❑ Agreement ❑ Audit Trail Information ❑ Digital vs. Electronic Signature ❑ How to_sign_documents_online07 (1).pdf ❑ Companies using Signix ❑ Compliance SUBJECT: Action Approved Type Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material Date 5/20/2020 - 12:43 PM Resolution approving an agreement with Signix for electronic signature software, at a rate of $120 per user and $3 per transaction, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Kelley Felchle. City Clerk Recommended Action: Approval. S ummary S tatement: MyDox is a digital signature product offered by Signix which allows users to send and securely sign documents. The software creates an audit trail of the steps taken to send, view, and sign documents, which can be used to authenticate the signature process in court. The software provides several methods to validate a signers identity, including email, text message, and knowledge -based authentication. We plan to utilize the software for signing minutes, ordinances, resolutions, agreements or other documents approved by council, processing new hire paperwork, completing open enrollment paperwork, and obtaining department approval on liquor licenses. Processes for executing these tasks are paper heavy and require multiple employees to carry a document from office to office to complete the work flow. We believe utilizing digital signatures will benefit the city in the following ways: - It will reduce our dependence on paper. - Reduce the space needed for storing paper records. Page 86 of 165 Expenditure Required: - Minimize steps required to complete tasks and improve document tracking. - Allow employees to sign documents away from their desk - Better facilitate working in the filed and at home. - Improve our ability to socially distance. Cost for the product is $120/ user and $3.00/transaction. Transactions are billed monthly and planning for future costs if use expands would be determined by estimating the number of transactions in a given year prior to adding additional users. City Clerk's Office and Human Resources would utilize the software and need 6 users. Total user cost: $720 Transaction Est. (800-1,000): $2,400-$3,000 Source of Funds: General Fund Alternative: Continue utilizing paper dominant processes. Page 87 of 165 SIGN Customer Agreement This CUSTOMER AGREEMENT ("Agreement") is made and entered into effective as of this day of , 20_ (the "Effective Date") by and between , with a principal address located at ("Customer") and SIGNiX, Inc., a Delaware corporation with a principal address located at 1110 Market Street, Suite 402 Chattanooga, TN 37402 ("SIGNiX"). SIGNiX and Customer may be collectively referred to as the "Parties" or individually as a "Party." WHEREAS, SIGNiX operates an Internet -based hosted identity authentication, digital signature, electronic notarization, and document workflow solution that allows Authorized Users and designated signing parties to sign documents online (the "Service"), located at https://signix.net (the "Website"); and WHEREAS, the Parties hereto desire to enter into an Agreement whereby Customer may access and use the Service; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, SIGNiX and Customer, intending to be legally bound, agree as follows: 1. Acceptance of Terms and Conditions. The terms and conditions set forth in this Agreement govern Customer's use of the Service. By accessing or using the Service, Customer agrees to be bound by this Agreement and to pay the fees set forth in the Fee Schedule attached hereto. 2. Definitions. In addition to the other capitalized terms set forth in this Customer Agreement, the following terms shall have the following meanings (whether capitalized or not): a. "Agreement" means this Customer Agreement, the Fee Schedule, and the Terms of Use. b. "Authorized User" means an individual natural person, whether Customer or an employee, agent, or other representative of the Customer who is registered with SIGNiX and who has been authorized by Customer to access and use the Service. c. "Data" means any information provided, submitted, or input to the Service by a Customer, Authorized User, or Signer, including documents, contact information, identity authentication or verification information, and any other information related to a Transaction. d. "eNotaryDoX" means an additional MyDoX capability to enable electronic notarization of e-signed documents. e. "FLEX API" means a solution which enables integration with Customer's selected platform. f. "Identity Authentication Levels" means the alternative methods for authenticating an individual's identity using the Service, as reflected in the Fee Schedule and the Terms of Use. g. "MyDoX" means Customer's ability to access the Website from an Authorized User's personal computer in order to upload a document, prepare it for execution utilizing digital signatures, and submit the Transaction, which results in an email notification to each Page 88 of 165 SIGNIX Customer Agreement signing and notarizing party and, as appropriate, e-notarization using the Service. h. "PharmaDoX" means an additional MyDoX capability to comply with Food and Drug Administration (FDA) regulations pertaining to e-signatures found in Title 21 CFR Part 11. i. "Service" means SIGNiX's hosted identity authentication, digital signature, electronic notarization, and document workflow solution that allows Authorized Users and designated signing parties to sign documents online. The Service includes MyDoX, eNotaryDoX, FLEX API, PharmaDoX, and TaxDoX. j. "TaxDoX" means an additional MyDoX capability to comply with IRS regulations pertaining to e-signatures. k. "User" means the individual designated by Customer or an Authorized User to access and use the Service in accordance with this Agreement. I. "Terms of Use" means the terms of use of the Website, currently located at https://www.signix.com/terms-of-service. m. "Transaction" means a set of one or multiple documents that can be e-signed, acknowledged, or reviewed by one or multiple Signers and submitted for execution through the Service, regardless of whether any or all documents are executed by any or all Signers. 3. Service Subscription. a. SIGNiX hereby grants Customer a limited, nonexclusive, nontransferable right to access and use the Service in accordance with the terms of this Agreement. Customer is not granted any rights other than those specifically set forth in this Agreement. b. Notwithstanding anything in this Agreement to the contrary, and although SIGNiX does not actively monitor content or Data in the Service, SIGNiX may, at any time and without prior notice, suspend use of the Service or remove or disable any content as to which SIGNiX is made aware of a cause for reasonable concern as to its use or content. SIGNiX will use reasonable commercial efforts to provide Customer notice of any such suspension or disablement in advance, or as soon as reasonably practicable thereafter. 4. SIGNiX Not a Party to Any Agreement Executed Using the Service. Except with respect to this or other agreements to which both SIGNiX and Customer are Parties, Customer understands and acknowledges that its use of the Service shall not be construed to make SIGNiX a party to any agreement executed using the Service. 5. Compliance with Laws and Regulations; Consumer Transactions. a. The proper use of the Service is sufficient to meet the legal requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transaction Act (UETA). Certain laws or regulations may impose special requirements with respect to electronic transactions involving a specific industry or one or more individual "consumers." These may include, among other things, requirements that the consumer consent to the method of contracting and that the consumer be provided with a copy, or access to a copy, of a paper or other non -electronic, written record of the transaction. b. SIGNiX assumes no responsibility to determine whether any particular Transaction involves a consumer, nor does SIGNiX have any responsibility to: 012020 Page 2 Page 89 of 165 SIGNIX Customer Agreement i. obtain any consent(s) or to determine if any consent(s) has been withdrawn; ii. provide any information or disclosures in connection with any attempt to obtain any consent(s); iii. update or correct any information or disclosures previously given; iv. provide any copies, or access to copies, for all Transactions, consumer or otherwise, except and unless expressly provided in the Terms of Use; or v. otherwise comply with any special requirements applicable to consumers. c. Customer expressly undertakes to determine whether a consumer is involved in any Transaction utilizing the Service, and if so, to comply with all legal requirements on the documents (or their formation) utilized in the Transaction. Customer further acknowledges that: i. various regulatory and governmental agencies may have promulgated specific regulations that apply to electronic signatures and electronic records; ii. certain types of agreements and documents are excepted from electronic signature laws, such that they cannot be legal formed by electronic signatures; and iii. SIGNiX assumes no responsibility to determine whether any particular document is an exception to applicable electronic signature laws, is subject to any particular agency promulgations, or whether it can be legally formed by electronic signatures. I . 6. Customer Responsibilities. a. Customer shall ensure that it and all of its Authorized Users using the Service under Customer's account comply with all of Customer's obligations under this Agreement, and Customer acknowledges that it is responsible for their acts and omissions relating to this Agreement as though the acts and omissions were those of Customer. b. Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and notify SIGNiX promptly of any such unauthorized access or use. c. Customer shall use the Service solely in accordance with all applicable foreign and domestic laws and government regulations. d. Customer shall, upon notice, provide permission to SIGNiX, which is not to be unreasonably withheld, to use Customer's logo and name on the Website and in blog entries. e. Customer shall be solely responsible for the nature and content of all materials, works, Data, statements, and other visual, graphical, written, or audible communications of any nature submitted by any Authorized User, and further agrees not to knowingly use the Service: i. to effect, facilitate the storage or transmission of, or communicate any message or material that is SPAM, defamatory, harassing, libelous, tortious, pornographic, 012020 Page 3 Page 90 of 165 SIGNIX Customer Agreement harassing, threatening, or obscene; ii. in a way that violates or infringes upon the rights of any third party, including those pertaining to: contract, intellectual property, privacy, or publicity, or that may otherwise be unlawful or give rise to civil or criminal liability (other than contractual liability of the parties under documents sent using the Service); iii. in any manner that is likely to damage, disable, overburden, or impair the Service or interfere in any way with the use of the service by others; iv. in any way that constitutes or encourages conduct that could constitute a criminal offense; or v. use or allow the use of the Service by anyone located in, under the control of, or a resident or national of a U.S. embargoed country or territory. f. Customer shall not, and shall not permit others to, directly or indirectly: i. use the Service other than as provided for herein; ii. attempt to remove from the Website, download, copy, recreate, disassemble, modify, translate, reverse engineer, decompile, or otherwise attempt to derive source code or any trade secret from or about the Service, or create any derivative work therefrom; iii. remove, alter or obscure any copyright or other proprietary notices utilized by SIGNiX in connection with the Service; iv. sell, rent, lease, license, sublicense, transfer, distribute, or otherwise make any portion of the Service available for access by third parties except as expressly provided in this Agreement; v. use the Service for purposes other than Customer's legitimate business purposes; vi. allow access to the Service by any direct competitor of SIGNiX; vii. allow access or use the Service to develop or operate any product or service intended to be offered to a third party in competition with the Service; or viii. use the Service to send unsolicited mass mailings outside its organization, including all Commercial Electronic Marketing Messages as defined in The Controlling the Assault of Non -Solicited Pornography and Marketing (CAN-SPAM) Act. 7. SIGNiX Website Context/Security; Ratification of Terms of Use. a. Customer acknowledges and agrees that the Service shall function solely as a conduit for the receipt, storage, processing, and transmission of Data related to the Service. Customer further agrees that as between it and SIGNiX, Customer shall have complete responsibility for any claim by any person or entity that any Data was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, used, transmitted or divulged, and any other similar claims arising out of proper or improper use of the Service through any method by Customer's employees or customers. b. Customer agrees that the Terms of Use may be updated or modified from time to time by SIGNiX. SIGNiX will notify Customer of any such updates or modifications by updating the "Last Updated" date at the beginning of the Terms of Use. Customer shall be bound by such revised Terms of Use thirty (30) days after the "Last Updated" date. 012020 Page 4 Page 91 of 165 SIGNIX Customer Agreement 8. Payment and Failure to Pay. a. Customer will pay SIGNiX the applicable charges for the Service, as set forth in the attached Fee Schedule. Any charges for identity authentication and e-notarization will be billed monthly in arrears. All other charges will be billed in advance. Payment shall be made by credit card, electronic funds transfer pursuant to the Automated Clearing House ("ACH") Agreement or wire transfer, to be signed and delivered with this Agreement as authorized on the Customer billing information and authorization. In addition, Customer shall pay all federal, state, and local sales, use, transaction value added, and similar taxes or impositions based upon or arising out of its use of the Service. BY COMPLETING THE CUSTOMER REGISTRATION FOR THE SERVICE, CUSTOMER AUTHORIZES SIGNiX OR ITS AGENT TO BILL CUSTOMER'S CREDIT CARD OR ACH CUSTOMER'S BANK ACCOUNT FOR THE APPLICABLE SERVICE CHARGES, ANY AND ALL APPLICABLE TAXES, AND ANY OTHER CHARGES CUSTOMER MAY INCUR IN CONNECTION WITH THE USE OF THE SERVICE. EACH TIME CUSTOMER USES THE SERVICE, OR ALLOWS OR CAUSES THE SERVICE TO BE USED, CUSTOMER REAFFIRMS THAT SIGNiX IS AUTHORIZED TO CHARGE CUSTOMER'S CREDIT CARD OR ACH CUSTOMER'S BANK ACCOUNT. In the event there are insufficient funds in Customer's bank account following an initial debit attempt, SIGNiX will issue a written late payment notice, will charge Customer a thirty-five dollar ($35.00) late fee, and the late payment will accrue interest at the rate of one and a half percent (1.5%) per month (eighteen percent (18%) per annum) or the maximum amount allowed by law, if less. SIGNiX reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. b. If SIGNiX does not receive payment from Customer's credit card provider or bank, Customer shall immediately pay all amounts due upon demand. SIGNiX may take such additional actions as it deems appropriate, including but not limited to terminating this Agreement or suspending performance of the Service. 9. Price Adjustments. SIGNiX reserves the right to adjust pricing for fees and services contained on the Fee Schedule upon sixty (60) days' notice to the Customer, but no more frequently than once every twelve (12) months. Price increases will not exceed five percent (5%) annually. 10. Ownership of Data and SIGNiX Intellectual Property. a. The Data is and shall at all times remain the sole and exclusive property of Customer, and Customer warrants and represents to SIGNiX that Customer has the right to use such Data. Customer grants SIGNiX the right to transmit, process, store, or disclose the Data: (i) to provide the Services to Customer; (ii) to comply with any request of a regulatory or governmental authority; and (iii) as otherwise may be required by law. b. The Service and any modifications, translations, adaptations, upgrades, and enhancements thereto are and shall at all times remain the sole and exclusive property of SIGNiX. The Service (including but not limited to MyDoX, eNotaryDoX, FLEX API, PharmaDoX, and TaxDoX), and the Website are protected by copyright and other intellectual property laws and international treaties. Customer shall neither own nor hereby acquire any claim or right of ownership in or to the Service nor create any derivative works therefrom. 012020 Page 5 Page 92 of 165 SIGNIX Customer Agreement 11. Information Processing Errors. In the event of processing errors caused by Customer, an Authorized User's submission of inaccurate or incomplete Data, or other causes for which SIGNiX is not responsible, SIGNiX will use commercially reasonable efforts to correct such error upon written notice from, and at the expense of, Customer. 12. Term. The initial term of this Agreement shall be three (3) years from the Effective Date (the "Initial Term") and shall renew automatically for successive one (1) year periods (each, a "Renewal Term"), unless otherwise terminated by either Party in accordance with Section 13(a). The annual fee for each additional year in the Initial Term and for each Renewal Term shall be due and payable on the first and second anniversary of the Effective Date and on the first day of each Renewal Term. Upon renewal, SIGNiX is hereby authorized to charge the Customer's credit card or deduct the amount due from Customer's bank account. 13. Termination. a. This Agreement may be terminated by either Party: i. at the end of the Initial Term or any Renewal Term upon the provision of written notice at least sixty (60) days prior to the end of the Initial Term or Renewal Term (as the case may be); or ii. upon breach by the other Party of any material term contained herein and its failure to provide evidence of cure of same within thirty (30) days after receipt of notice from the non -breaching Party describing the material breach. b. Upon Customer's termination of this Agreement for any reason not provided for in Section 13(a), Customer shall, at the time of such termination, pay to SIGNiX fifty percent (50%) of the annual fee(s) remaining under the Initial Term or Renewal Term, as the case may be. This subsection shall not limit any other rights or remedies available to SIGNiX under this Agreement. 14. Data Storage. Data will be stored and available to Customer for a period of ninety (90) days after a final digital signature is affixed to any document ("Storage Period"), after which time the respective Data may be immediately purged by SIGNiX in accordance with SIGNiX's normal business practices. Customer is solely responsible for retaining all necessary copies of Data: (i) prior to a request by Customer that SIGNiX purge any Data; or (ii) at the end of the Storage Period. Customer understands and acknowledges that SIGNiX will not be liable for any issue related to or arising from the unavailability of any Data after completing a purge of the SIGNiX database or cloud -based storage in accordance with this Section 14. 15. Warranties and Disclaimers. a. Customer Infringement Warranty. Customer represents and warrants that, to the best of its knowledge, all information, business concepts, business processes, or specifications supplied by Customer hereunder do not infringe upon any patent, trademark, copyright, trade secret, or other intellectual property right of any third party enforceable in the United States. b. SIGNiX Infringement Warranty. SIGNiX warrants that, to the best of its knowledge, the 012020 Page 6 Page 93 of 165 SIGNiX Customer Agreement SIGNiX Service and the use thereof, does not infringe upon or misappropriate any copyrights, trademarks, or patents, or other intellectual property rights of any third party enforceable in the United States. c. SIGNiX Service Warranty. SIGNiX warrants to Customer that SIGNiX will use reasonable commercial efforts to deliver the Service in a timely manner and in accordance with the Terms of Use. Because the Service involves conveying information provided to SIGNiX by other sources, SIGNiX cannot, and will not, for the fee charged for the Service, be an insurer or guarantor of the accuracy or reliability of the Service or the data contained or accessed in various databases by SIGNiX. THE EXPRESS WARRANTIES IN THIS SECTION 15 ARE THE ONLY WARRANTIES SIGNiX HAS GIVEN THE CUSTOMER WITH RESPECT TO THE SERVICE. SIGNiX MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, WITH RESPECT TO ANY MATTER WHATSOEVER, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND DOES NOT WARRANT ANY OF THE FOLLOWING: (i) THE SERVICE IS OR WILL BE ERROR -FREE, UNINTERRUPTED, OR MEET CUSTOMER'S REQUIREMENTS; (ii) THE SPEED WITH WHICH CUSTOMER WILL BE ABLE TO CONNECT TO THE WEBSITE OR ACCESS THE SERVICE; (iii) THAT CUSTOMER WILL EXPERIENCE NO DATA LOSS OR WEBSITE DOWNTIME; (iv) ALL SERVICE ERRORS WILL BE CORRECTED. 16. Limitation of Liability. a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING THE EXCEPTIONS SPECIFIED IN SECTION 16(b), EACH PARTY AGREES THAT THE OTHER PARTY'S TOTAL LIABILITY FOR ANY OR ALL OF SUCH PARTY'S LOSSES OR INJURIES FROM THE OTHER PARTY'S ACTS OR OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NOT EXCEED THE LICENSE FEES PAID OR PAYABLE BY CUSTOMER TO SIGNiX UNDER THIS AGREEMENT DURING THE PRIOR THREE (3) MONTHS. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT ARISE, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. b. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO: (i) DAMAGES INCLUDED IN AN AWARD AGAINST EITHER PARTY RESULTING FROM A CLAIM FOR WHICH A PARTY IS INDEMNIFIED UNDER THE TERMS OF THIS AGREEMENT; (ii) EITHER PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT; OR (iii) ANY CLAIMS BASED ON A WILLFUL VIOLATION OF EITHER PARTY'S PROPRIETARY RIGHTS. 17. Indemnification by SIGNiX. a. SIGNiX will indemnify and hold harmless Customer against all third party claims, actions and demands (collectively "Claims") brought against Customer including, without 012020 Page 7 Page 94 of 165 SIGNIX Customer Agreement limitation, judgments, settlements and reasonable costs and expenses, including reasonable attorney's fees, incurred by the Indemnified Party and solely resulting from a breach by SIGNiX of Section 15(b) of this Agreement; provided, however, that SIGNiX will not be responsible for alleged infringement that is due to the combination of the Service with goods or services provided by third parties. b. In the event of a Claim alleging SIGNiX's breach of the provisions of Section 15(b), SIGNiX may, at its option and expense, procure for the Indemnified Party the right to: (i) continue using such intellectual property; (ii) modify the intellectual property to make it non - infringing; or (iii) substitute intellectual property of similar capability. c. SIGNiX's obligations under this Section 17 are conditioned upon the Indemnified Party's providing to SIGNiX: (i) prompt written notice of any Claim for which indemnification is sought; (ii) complete control of the defense and settlement of such Claim if requested by SIGNiX; and (iii) assistance and cooperation in such defense as SIGNiX may reasonably request, provided that SIGNiX shall promptly reimburse the reasonable out-of-pocket expenses incurred by the Indemnified Party. 18. Indemnification by Customer. Customer shall, at its expense, indemnify and defend SIGNiX against any Claims incurred or suffered by SIGNiX as a result of any breach by Customer of this Agreement. 19. Confidential Information. a. Each party acknowledges that it may become acquainted with the confidential or proprietary data of the other party in connection with the performance of this Agreement. "Confidential Information" shall mean: (i) for SIGNiX, information concerning the Service, SIGNiX's pricing, and SIGNiX's business methods and techniques; (ii) for Customer, the Data and information concerning Customer's procedures and methods; and (iii) for either Party, any commercially sensitive information whose secrecy is valued by such Party. Each Party agrees to hold each other's Confidential Information in confidence using the same standards as it applies to its own Confidential Information, to refrain from disclosing same to any third parties, and to use same only as authorized hereunder. Such restrictions shall remain in effect during the term of this Agreement and for a period of two (2) years after termination of this Agreement for any reason. One Party's Confidential Information shall not be used or disclosed by the other Party for any purpose except as necessary to implement or perform this Agreement, or except as required by law, provided that the other Party is provided notice and given a reasonable opportunity to obtain a protective order. The Party receiving such Confidential Information (the "Receiving Party") shall limit its use of and access to the Confidential Information of the disclosing Party (the "Disclosing Party") to only those of its employees whose responsibilities require such use or access, and who are bound by the terms of this Section 19(a). The Receiving Party shall be liable for any breach of this Agreement by any of its employees or any other person who obtains access to or possession of any of the Disclosing Party's Confidential Information from or through the Receiving Party. b. SIGNIX acknowledges that Customer may be subject to various privacy laws and regulations, including the Gramm -Leach -Bliley Act of 1999 (15 U.S.C. § 6801 et seq.), the Fair and Accurate Credit Transaction Act of 2003, and the California Online Privacy Protection Act of 2003, including Securities and Exchange Commission Regulation S-P, and that Customer is required to obtain certain undertakings from SIGNIX with regard to the privacy, use, protection, and 012020 Page 8 Page 95 of 165 SIGNIX Customer Agreement destruction of nonpublic personal financial information of Customer, or its customers and their clients or prospective clients, including Users and Authorized Users. Therefore, notwithstanding anything to the contrary contained in this Agreement, SIGNIX agrees that: (i) it shall not disclose or use any Customer Data (as defined below) except to the extent necessary to carry out its obligations under this Agreement; (ii) it shall not disclose Customer Data to any third party, including, without limitation, its third party service providers except to the extent necessary to carry out SIGNIX's obligations under this Agreement; (iii) it shall maintain, and shall ensure, all third parties approved under subsection maintain, effective information security measures to protect Customer Data from unauthorized disclosure or use; and (v) it shall provide Customer with information regarding such security measures upon the reasonable request of Customer and promptly provide Customer with information regarding any failure of such security measures or any security breach related to Customer Data. For the purposes of this Agreement, "Customer Data" means the nonpublic personal information (as defined in 15 U.S.C. § 6809(4)) of Customer, Authorized Users, and Users received by SIGNIX in connection with the performance of its obligations under this Agreement. Notwithstanding the foregoing, SIGNiX shall be entitled to comply with a lawful subpoena subject to the notice provision in subsection (a) above. 20. Equitable Remedies. Both Parties acknowledge that breach by Customer of Section 10(b) or a breach by either Party of Section 19 would result in irreparable harm to the other Party for which monetary damages alone would be an insufficient remedy. Thus, although nothing in this section will prohibit pursuit of any remedies available against any Party under applicable law (which shall be cumulative with those remedies set forth herein), both Parties specifically agree that, in the event of any threatened or actual breach of any such terms by either Party, the other Party shall be entitled to seek injunctive relief, specific performance, equitable accounting, or other similar remedy from a court of competent jurisdiction. 21. Relationship of Parties. Nothing contained in this Agreement shall be construed to create a partnership, agency, joint venture, or employer/employee relationship between the Parties. Neither Party has the authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other Party or to bind such other Party in any way. Each Party shall be responsible for wages, taxes, withholding, insurance (including, without limitation, workman's compensation), and hours and conditions of employment of its personnel during the term hereof. 22. Force Majeure. Neither Party hereto shall be responsible for any failure or delay in the performance of its obligations under this Agreement due to a Force Majeure event. A Force Majeure event means, in relation to either Party, any event or circumstance beyond the reasonable control of that Party, including if such failure is caused by acts of God, fire, explosion, flood, epidemic, strikes, revolutions, war or threat of war, acts of terrorism, national emergency, riot or other civil disturbance, governmental action, acts or failures to act of governmental authorities, governmental laws or regulations, lack or failure of electrical or telecommunications facilities, including, without limitation, failure of the public Internet, or any other events or circumstances not within the reasonable control of the Party affected, whether or not dissimilar to any of the foregoing; provided, however, that the Party suffering such delay notifies the other Party of the delay within a reasonable period after it learns of the delay. A Party affected by the Force Majeure event shall immediately notify the other Party in writing of the event, giving 012020 Page 9 Page 96 of 165 SIGNIX Customer Agreement sufficient details thereof and the likely duration of the delay. The affected Party shall use commercially reasonable efforts to recommence performance of its obligations under this Agreement as soon as reasonably possible. A Force Majeure event shall not suspend an obligation of a Party to make payment under this Agreement for work performed. 23. Dispute Resolution. Except for disputes arising from a misappropriation or misuse of either Party's proprietary rights or a breach of Section 19, the Parties will attempt in good faith to resolve any controversy or claim arising out of or relating to the terms of this Agreement, promptly through negotiation and mediation. If the matter is not resolved within sixty (60) days of initiation of mediation, or if any Party fails or refuses to participate in the mediation, the controversy or claim shall be finally settled by binding arbitration as follows: a. There shall be one arbitrator, selected by agreement of the Parties. Failing agreement on the selection, the arbitrator shall be selected in the manner determined by the American Arbitration Association (AAA). b. The arbitrator shall determine the matters in controversy in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflict of laws thereof. The arbitrator shall have no jurisdiction to award punitive damages. Any award in such arbitration shall be in writing, specify the factual and legal basis therefore, and shall be final and binding upon the Parties. Judgment upon the award may be entered in any court having jurisdiction thereof. c. The costs of mediation or arbitration (including any required travel and lodging expenses incurred by the mediator or arbitrator) shall be borne by the non -prevailing party as determined by the mediator or arbitrator. 24. Governing Law and Jurisdiction. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON OR SIMILAR TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY. 25. Feedback. SIGNiX shall have a royalty -free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback provided by Customer, including Authorized Users, relating to the operation of the Service. 26. General. a. This Agreement is severable, such that the invalidity of any term of this Agreement shall not affect the validity of any other term. Any such invalid term shall be subject to partial enforcement to the maximum extent permitted under applicable law. b. This Agreement (excluding Terms of Use and Fee Schedule) may not be modified or amended except by a written instrument setting forth such amendment which is signed by the Parties and specifically states that it modifies or amends this Agreement. c. The headings contained in this Agreement are for convenience only and shall not be deemed to be a substantive part of this Agreement. 012020 Page 10 Page 97 of 165 SIGNIX Customer A reement d. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors and assigns, and it may not be assigned by either Party without the prior written consent of the other Party. e. The failure by a Party to insist upon strict performance of any provision hereof shall not constitute a waiver of such provision. f. All waivers must be in writing to be enforceable hereunder. g. Third -party software and services providers are subject to change, discontinuation or replacement by providers offering similar services. h. All notices pursuant to this Agreement shall be in writing and made via hand delivery, certified mail, or overnight delivery via a commercially respected courier service to the address listed in the heading of this Agreement or at such other address as a party may provide to the other in writing. i. SIGNiX shall have the right to issue a press release announcing execution of this Agreement with Customer. [Signatures on Following Page] 012020 Page 11 Page 98 of 165 SIGNIX Customer Agreement IN WITNESS WHEREOF, the duly authorized representatives of each of the Parties hereto have executed this Agreement as of the day and year first written above. SIGNIX, INC. By: By: (Signature) (Signature) Name: Name: Jay Jumper Title: Title: President/CEO Date: Date: 012020 Page 12 Page 99 of 165 SIGNiX Customer Agreement SIGNiX Fee Schedule MyDoXTM User License Pricing: • A SIGNiX MyDoXTM License is required for anyone creating and sending documents for signature or someone who needs visibility and access for management and reporting purposes. • Transaction volume must be purchased separately. Transaction limits can be pooled among all users. • Transactions expire 12 months after purchase date. • License and Transaction quantities purchased cannot be decreased during the Initial Term or a Renewal Term. • Annual pricing for licenses and additional Transactions is reflected below. MyDoXTM Price per User License Price per Transaction $120/year $3.00 Minimum Purchase Requirements: User Licenses: 5 Transactions: 500 All Accounts Include: • Web Support • Webinar Training • PKI based digital signatures • Mobile Signing • TotalAudit TM Audit Trail • Carbon Copy Feature • Unlimited Reusable Templates • Multiple Authentication Methods • Work Groups (limit 1 per 5 users) • MassMailerTM • Flexible Notification Schedule • Flexible Standard Email Message • Optional Signatures • Tamper Evident Seal • Self -Guided Signing Experience • Check Boxes • Radio Buttons • Text Boxes • Mandatory and Optional Tasks • DocPreviewTM • ReadyDoXTM Volume Discounts: User Licenses Transactions 25+ 5% 2,500+ 10% $2.70 50+ 10% 5,000+ 20% $2.40 100+ 15% 10,000+ 30% $2.10 250+ 20% 25,000+ 40% $1.80 500+ 25% 50,000+ 50% $1.50 1,000+ 30% 100,000+ 60% $1.20 Licenses and annual Transaction volume cannot 250,000+ 70% $0.90 be decreased during the term of the agreement. 500,000+ 80% $0.60 012020 Page 13 Page 100 of 165 SIGNiX Customer Agreement FLEX APITM License Pricing: • A SIGNiX FLEX APITM License is required for any organization creating Transactions through web services API calls. • Transaction volume must be purchased separately. • Transactions expire 12 months after purchase date. • License and Transaction quantities purchased cannot be decreased during the Initial Term or a Renewal Term. • Annual pricing for licenses and additional Transactions is reflected below. FLEX APITM Levell j Level2 Level3 • API Access • Test & Production Accounts • Support • 20 Hours Integration Consult • Real time Push Notifications • Access to Development Community Everything from Level 1 plus... • Custom Wizard Colors • Custom Wizard Logo • Custom Signing Colors • Custom Signing Logo Everything from Level 2 plus... • Custom Email Language • Custom 'Help' Destination URL • Custom Signing Domain • Custom Browser Page Title • Access to AJAX API $3,600/year $7,200/year $12,000/year Transactions start at $3.00 Transactions start at $2.85 Transactions start at $2.70 Transaction Volume Discount Table: Number of Transactions Discount Level 1 Price Level 2 Price Level 3 Price 2,500+ 10% $2.70 $2.57 $2.43 5,000+ 20% $2.40 $2.28 $2.16 10,000+ 30% $2.10 $2.00 $1.89 25,000+ 40% $1.80 $1.71 $1.62 50,000+ 50% $1.50 $1.43 $1.35 100,000+ 60% $1.20 $1.14 $1.08 250,000+ 70% $0.90 $0.86 $0.81 500,000+ 80% $0.60 $0.57 $0.54 012020 Page 14 Page 101 of 165 SIGNiX Customer Agreement Account Preference Add-Ons: Prices expressed as annual fees Account Preference MyDoXTM FLEX APITM PharmaDoXTM $120/user $3,600 eNotaryDoXTM $180/user $4,800 Signer's Personal Document Center $900 $900 Custom Consent Language $1,200 $1,200 Tamper Proof Sealed Documents $900 $900 International SMS Capability $900 $900 Custom Colors and Logo $1,200 N/A Email Suppression $500* $500* Single Sign On $2,100 $2,100 21 CFR 11 Validation Pack $7,200 $7,200 Upload Signer Attachments N/A $1,200 *One-time fee. Identity Authentication Options: • Basic — (Email Only) No Charge • Basic — (Email with Submitted Questions) No Charge • SMS Text Code — (Sent to Mobile #) $0.25/attempt • KYC — (Know Your Customer: Uses external source to provide identity vetting) $0.75/attempt • KBA — (Knowledge -Based Authentication) $1.50/attempt NOTE: Charges for authentication will be billed monthly in arrears. Professional Services $200/hour Professional Services for customization or integration into current Customer systems. Fees for special customization would be based upon Customer requirements and can be provided in a final scope of work. SIGNiX Training and Support Services • "Train the Trainer"/Corporate Administrator Training Session: One 90-minute in-depth training session for up to 10 Users. Additional "Train the Trainer" sessions are offered for $200/session. • Ongoing Customer Support: Access for Corporate Administrators to contact SIGNiX via email and phone. IN THE EVENT OF A CONFLICT BETWEEN THIS FEE SCHEDULE AND A FULLY EXECUTED ORDER FORM, THE ORDER FORM SHALL GOVERN. 012020 Page 15 Page 102 of 165 0 Page 103 of 165 THE ANATOMY OauMTe add YOUR GUIDE TO EVIDENCE IN DIGITALLY SIGNED DOCUIVIENTS Page 104 of 165 Signatures Certrfed e-signa-Are Page 105 of 165 --- i 5lgnatur s Fire. 1:Signed beRink 9gstluTkithl ftkitWrod.emu Fmsa iidiiisi n Fun idtlswdi tonmertaan s Per. 3: Mimed ilatitivl latit,r1Mi. lit MI Fern dais Melia Frisa lthJ ith doonsestshngm Fire. 9:Signed 15.. kil¢e1nUrt+utkoiN¢NtMI Firs itYd3 Nti i. km iddsvitli dnn..etteiin Page 106 of 165 • • • • • • • • • • • rMT w44 GMT PRI GMT PR4GMT 'pitGMt GMT 9 Email Sent Email Sent Shared Secret Ccde Sena Esign consent Accepted User Entered Shared Secret tGMT Certificate Issued 'IT Document Presented User Entered PIN -"'Jre Creation Document Presented 1 w FEWIEnp . 6...F.lL; y10tii 4 ' ;04iw..., per Entered PIN ""+h*�rr " hrki �' Signature Creation Authorizedmi", „ , ,� Document Signed .,4 � +.� 4"'°"� fir. p�'y"'�. riCOd inn Page 107 of 165 Page 108 of 165 r� _W+411.11...4 h...y. IliWiemnie I. Ir a.=Eft . rm. mI .dry, Ml.W.r ry..a...a! u.r t WI.r.. r bli•Lml I r.r.ri.w I... w+rw•.r.�� �++w.....r..�II. - ....4r.....rrlr�..u.....r....��y.._. a.m.! r1,rri rrrr y.. . w..+ 4. a,..n. rrr.Ik ▪ gmkor 'Loan Origination Form 8219" History Document created by Peggy Smith (psmithgmail.com) S2peerrber 8, 2613 - 10:37 AM PST - 64.115299.1Ba Document emailed to John Smith (jsmith@gmail.com) for signature .Sepeerr er 8, 2013 -18:4d AM PST Document viewed by John Smith (jamithagmail.corn) Sepamar 8, 2613 - 14:45 AM PST - frE1.11S198.11111 Document esigned by John Smith (ism ith gmail.com) SeplenterB,2D13-1Etd5AM PST- 691.115.E11130 Sigred document emailed to Peggy Smith (psmithegmail . cam ) and John Smith (jsmiihagmail.com} $epeer, ier 8, xis- 14:47 AM PST Page 109 of 165 8 RU LE FOR E-SIGNATURE SECURITY intko Free eBook: 8 Rules for E-Signature Security GET THIS EBOOK Page 110 of 165 Page 111 of 165 Page 112 of 165 0 Page 113 of 165 The Differences Between Digital Signatures and Electronic Signatures Choose the right fit for your business with this guide to the differences between digital and electronic signatures SIGNIO Page 114 of 165 Only digital signatures can provide true non -repudiation. For very high -value transactions and mission -critical processes, the best practice is to use PKI, which strongly authenticates the user and provides the 'gold standard' of the e-signing world: digital signatures. Using digital signatures to e-sign documents provides the highest level of integrity and non - repudiation over time. —FORRESTER RESEARCH, INC. What's the difference? Digital Signatures Digital signature technology has been used for decades, which means it is highly standardized and accepted. A digital signature essentially links a "fingerprint" of the document at the time of signing with an identity credential (a digital certificate), and the result is permanently embedded into the document. A digital signature proves integrity by clearly showing when a document has been changed or tampered with. The signature also uniquely identifies the signer and can provide additional information about the time of signature, providing significant non -repudiation. Because digital signatures travel with the document and are based on industry and international standards, they can be verified independently without requiring the document to check back with a server. Digital signatures are also more widely accepted internationally than electronic signatures. However, digital signatures have been avoided historically because they required a significant investment to implement and often required users to carry hardware tokens or smart cards to securely store their signing credentials. SIGNIX's digital signatures overcome these barriers by offering this high level of security along with the convenience of electronic signatures. Electronic Signatures Electronic signatures have become popular because they allow users to sign documents on the web with a simple click of the mouse. In some products, users can even scan images of their signature or use their fingers to trace their handwritten signatures onto a document. The simplicity of this signing process, combined with the fact that no software or hardware is required, has drawn significant interest to the technology for its potential to speed up work flows with less cost. Unfortunately, there are no universal standards for electronic signatures. The technologies to lock down a document once it has been signed vary widely, and the documents often rely on recipients to check validity with an online service run by the vendor. Forrester Research suggests that a good stress test to evaluate e-signature vendors is to imagine that the vendor disappears and see what evidence you have to support you in court. With SIGNiX, all of the evidence you need in court is embedded in the document, available with any standard PDF reader. That's how we are able to offer signatures that stand the test of time. SIGNIX www.signix.com 1203 Carter Street I Chattanooga, TN 37402 I 877.890.5350 x1048 Page 115 of 165 About SIGNiX Signatures Users click -to -sign, just like in an electronic signature solution, but behind the scenes SIGNiX uses high assurance digital signature technology for each and every signature. With SIGNiX you get standards -based signatures delivered to your users via a simple, zero footprint browser interface. No training, no software to install, no smart cards or tokens to carry, no appliances to maintain and no messy infrastructure to set up. SIGNiX does all the heavy lifting, enabling customers to easily integrate into high volume workflow and back office applications with a seamless range of user authentication options to scale with your risk requirements. Because SIGNiX uses digital signatures for every single signature, intent and content integrity are built-in, showing a clear trail of the document's content from the first signature to the last. And because they're based on internationally recognized document and security standards, they're preferred worldwide and are future -proof. Want the benefits of digital and electronic signatures combined? Are you looking for signature service that gives the convenience of electronic signatures alongside the security of digital signatures? SIGNiX's technology combines the best of both worlds. Signature Comparison Electronic Signatures Digital Signatures SIGNiX Signatures Easy to Use ✓ ® ✓ No are Required Software Required / v 0 / v Standards-® Based / V / V Documente Integrity ® / �/ / �/ Accepted Internationally ® / �/ / �/ Want to learn more about what digital signatures can do for you? Email info@signix.com or call 877.890.5350 x1048 ©2013, SIGNiX, Inc. All rights reserved. SIGNX, MyDoX, EnterpriseDoX, Making Every Signature Count, The Dlgltal Signature Authority, TotalAudlt and Vendor Freedom are trademarks of SIGNiX, Inc. Page 116 of 165 Howto GET DOCUMENTS SIGNED with MyDoX'TM SIGNiX's MyDoX is a cloud -based service that makes getting contracts signed quick and easy. You can access this service online with nothing to download or install. UPLOAD Upload, send and sign documents on any computer or mobile device EMAIL Email documents to your clients and partners for their signatures SIGN Your customers can easily review and sign documents online, no downloads required TRACK Track documents as they move through the signing process To create a document, simply upload any PDF into MyDoX and customize the document with signature fields. Seconds after you finish, your customers will receive an email saying they have a document to review and sign. Your customers can then sign documents online quickly and easily without downloading any additional software. Our system automatically reminds signers to sign the documents every few days. You can track the document to know exactly where it is in the signing process. Signing times will go from days or weeks down to minutes or even seconds! SIGNIX www.signix.com 1203 Carter Street I Chattanooga, TN 37402 I 877.890.5350 x1048 Page 117 of 165 The benefits of DIGITAL SIGNATURES for your business SPEED Instead of waiting days or weeks for customers to sign critical documents, you will see turnaround times of minutes or hours. CONVENIENCE Digital signatures allow your customers to sign applications and forms wherever they are, whenever they receive the link. That means customers on vacation or away from their desks can still do business with you. SECURITY With handwritten signatures, you can't always read the person's name. You can't tell if the signature was made by the actual signer or someone else. You can't tell if other pages in the document haven't been changed. Digital signatures provide you with all of this information. "What used to take days can now be done in minutes. Signing housing documents online has been a huge benefit for our business practices and allows us to serve our students better." 7 Don Yackley Executive Director of Student Housing and Residential Life at the University of Houston To learn more, sign up for one of our digital signature classes or request a free personalized demo. SIGNiX www.signix.com 1203 Carter Street I Chattanooga, TN 37402 I 877.890.5350 x1048 Page 118 of 165 Wh o uses SIGNIXD � � g tal Signature WEALTH MANAGEMENT :�► BNY MELLON PI€RSFIING MO!IIICI(CONCIFTS i Nab FINANCIAL GROUP REAL ESTATE zipLogix di&ta HEALTHCARE FINANCIAL SERVICES Atlantic Capital Bank in the right direct,on %SHARETEC AND MORE THAN 100 CREDIT UNIONS HORIZONTAL SOFTWARE I:11> 5harePoint LIFE SCIENCES SARAH CANNON TERUMOE3CT Triplefin PUBLIC SECTOR City of Phoenix 4OFTHETOp1t LARGEST METRO AREAS IN THE USA che® cifi.Wolters Kluwer Committed to Comp iance Federal & International FEDERAL REGULATIONS E-S1GN Act UETA 150 STANDARDS Public Key Infrastructure Cryptography PDF/XML File Formats —*- /rns:•\ AlICPA) Page 120 of 165 4411111IIIIIPtiiruAA! COM Healthcare ELECTRONIC RECORDS & SIGNATURES 21 CFI*Part 11 HIPAA 45 CFR Part 160 & 164 CTRS FOR MEDICARE & MEDICAID 42 CFR 482.24 The rood and Ciug Adriiinbtirat� , awilr 1 n1 1 Financial FINRA SECURITIES AND EXCHANGE COMMISSION COMPUTER SECURITY RESOURCE CENTER FIPS 1864 INTERNAL REVENUE SERVICE lirrr FIflra' ; IRS CITY OF WATERLOO Council Communication Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2012C, of the City of Waterloo, Iowa, dated July 25, 2012 and directing the Notice of Redemption for the above named issue. City Council Meeting: 5/26/2020 Prepared: 5/21/2020 REVIEWERS: Department Reviewer Action Date Finance Felchle, Kelley Approved 5/21/2020 - 12:23 PM ATTACHMENTS: Description Type o Council Comm Direct 2012C Redemption Cover Memo SUBJECT: Submitted by: Resolution authorizing redemption of outstanding General Obligation Bonds, Series 2012C, of the City of Waterloo, Iowa, dated July 25, 2012 and directing the Notice of Redemption for the above named issue. Submitted By: Michelle Weidner, Chief Financial Officer Page 121 of 165 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication Mayor City Council Meeting: May 26, 2020 QUENTIN Prepared: May 21, 2020 HART Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL Number of Attachments: None MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY REUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large SUBJECT: FYE2020 Refunding Bond Issue — Resolution authorizing redemption of outstanding General Obligation Bonds Series 2012C, of the City of Waterloo, Iowa dated July 25, 2012 and direct the Notice of Redemption for the above named issue. Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt a Resolution authorizing redemption of outstanding General Obligation Bonds Series 2012C, of the City of Waterloo, Iowa dated July 25, 2012 and direct the Notice of Redemption for the above named issue. Summary Statement: We are planning to refund the taxable issue that was sold in July 2012, if interest rates are favorable. This issue will be taxable for bondholders. The par amounts is subject to adjustment according to the terms of the offerings. Final sale amounts may be different depending on the bid prices received at the sale. Expenditure Required: Principal and interest are required to be repaid. Source of Funds: Repayment will be made from a variety of sources, including general property taxes and Tax Increment Financing revenue. Policy Issue: repayment. The issuance of bonds commits the city to future Alternative: The City could choose not to sell bonds and continue to pay the higher cumulative interest. Background Information: N/A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 122 of 165 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo to dedicate a Sewer Easement over a portion of Lot 7, Anthony Baker's Plat of Outlots, located east of 1628 Washington Street (Lowell Elementary School). City Council Meeting: 5/26/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/20/2020 - 11:04 AM Clerk Office Even, LeAnn Approved 5/20/2020 - 11:30 AM ATTACHMENTS: Description Type ❑ Easement Plat Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Resolution approving a request by the City of Waterloo to dedicate a Sewer Easement over a portion of Lot 7, Anthony Baker's Plat of Outlots, located east of 1628 Washington Street (Lowell Elementary School). Submitted By: Noel Anderson, Community Planning and Developoment Director Approval This is a request by the City of Waterloo to dedicate a new sewer easement that will be located east of the Waterloo Community Districts Administrative Offices and west of Lowell Elementary. This new easement will cover an existing sanitary sewer and storm sewer and any sewers that are extended in the future. None N/A Infrastructure The Waterloo Community School District will demolish Lowell Elementary due to it being structurally unsafe and a new school will be built in its location. Sewer Easement Description: A sewer easement over, under, across, and upon the west 60 feet of Lot 7 of Anthony Baker's Plat of Outlots, City of Waterloo, Black Hawk County, Iowa, except the south 30 feet thereof, containing 47,712 square feet (1.05 acres). Page 123 of 165 Index Legend Location Description: Lot 7, Anthony Baker's Plat of Outlots City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Sewer Easement, Lot 7, Anthony Baker's Plat of Outlots City of Waterloo, Black Hawk County, Iowa Easement Description: A sewer easement over, under, across, and upon the west 60 feet of Lot 7 of Anthony Baker's Plat of Outlots, City of Waterloo, Black Hawk County, Iowa, except the south 30 feet thereof, containing 47,712 square feet (1.05 acres). Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the 'PRELIMINARY William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2021. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: April 2020 Date Drawn: 4-28-2020 Sheet No. 1 of 2 Page-124-of 165 Plat of Survey Sewer Easement, Lot 7, Anthony Baker's Plat of Outlots City of Waterloo, Black Hawk County, Iowa Jle so, Line Table 0 et 6 '/O -� o• A L1 v0� � A � v, L2 LOT 39 (80.53' B (S 48°58'23" E) J 0 75 L1 - 50' D 49.95' R (49.93') (S 48°54'07" E) L2 - 55.00' R (54.95') (S 48°49'30" E) L3 - 123.65' R( (12.9:5. ) (S 89°51'17" W) L4 - 123.68' R (123.55') (N 41°04'11" E) L5 - 30' (30.0T) (N 01°29'30" W) L6 - 30' (30.09') (S 00°48'26" E) 150 L7 - 33' (33.00') (S 89°39'30" W) ! L3 C q L8 - 30' (30.10') (N 00°48'26" W) g� sy\ Scale: 1" = 150' L9 - 30' (30.11') (N 0°20'30" W) 7- v D - DEED; R - MISC 309 PG 387 \ \ �04, Survey Notes: z:r\ csi LOT 26 t� 1. The Bearings shown on this survey \ �G are derived from GPS observations \ using the Iowa State Plane \\ s-74 Coordinate System, North Zone, 60' SEWER \ �_i►Y NAD 83 (2011). \6,9 ?J8 2. All dimensions are in US Survey feet EASEMENT \86 and decimals thereof. 297' 45,712 SF (1.05 Acres) '67, 3. Parcel letter "G" assigned by the LOT 33 N HALLOCK'S PLAT OF OUTLOTS 297' _ ssi er o n et 6° \F Black Hawk County Auditor's Office S6- on April 27, 2020. �,„ w F, N LOT 7 \co \ co o ANTHONY \ \ fn BAKER'S PLAT OF / \ \ M OUTLOTS N \ n \ WEST LINE OF BAKER'S OUTLOTS & EAST LINE OF HALLOCK'S OUTLOTS & \ WEST LINE OF SE 1/4 SW 1/4 SEC. 25, \ a LOT 34 0, N T89N, R13W D 60. LOT 6 6^��� °rye t.4-‘ti , . ,b srb -0T 5 297' (296 35' S 89°39'42" W) J (60.00') / 60' (S 89°39'42" W) '/ E LOT 5 (95.49') (563.85' N 89°39'42" E) (S 39°18'23" W) •G L9 L8 L6 WILLISTON AVE - 60'ROW (7979') (39.04') Do- (S 39°18'23" W) IP 297' (296.59' S 89°39'30" W) L7 L5 K F F Plat Legend: SOUTH LINE OF HALLOCK'S OUTLOTS & SOUTH LINE OF SW 1/4 SW 1/4 SEC. 25, T89N, R13W 30' (30.01') (N 89°37'05" E) (n Z ' 30' (30.01') 31 RODS 15 LINKS - 521.4Found Monument (N 89°37'O5" E) (32 RODS 15.67 LINKS - 538.34') Set 5/8" x 24" Rebar w/Blue (N 89°39'30" E) 0 Plastic Cap "Iowa - 19715" SOUTH LINE OF BAKER'S OUTLOTS & ® Cut "X" in concrete, found or set SOUTH LINE OF SE 1/4 SW 1/4 SEC. 25, 123.45' Record Measurement T89N, R13W (123.45') Field Measurement O O O 4- ��nT WV Ce O 30' (30.11') Monument Table H m 1 A - Found 3/4" open pipe a' BERTCH AVE Z o • B - Found 1/2" rebar with yellow 60' (59.78) cap "Iowa 8033" C - Found 3/4" open pipe 1.6' deep DO ttJ A- a) CO 0) CD I D - Found 3/4" open pipe with 90° elbow E - Found 3/4" open pipe with nail 30' (29.99') in center F - Found 3" square cast iron monument G - Found 1/2" clipped pipe H Found 1/2" rebar w/out id cap ���QQ 30' (29.92') F - I - Found "T" bar; 3/4" x 2" flange with 3/4" x 1" web. Measured 30' (29.28') at intersection of web centerline and bottom of flange A J - Set 5/8" rebar with blue cap • FOREST AVE 60' (60.09') "Iowa 19715" 60' (59.44') K - Set Mag Spike in HMA pavement "X" 60'(sss7) (S 89°29'20" W) �F y L - Placed chiseled in PCC driveway City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 150' Field Work Date: April 2020 Date Drawn: 4-28-2020 Sheet No. 2 of 2 Page-125-of 165 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,197, and authorizing the Mayor to execute said document. City Council Meeting: 5/26/2020 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning ATTACHMENTS: Description o Contract o Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer Felchle, Kelley Action Approved Type Backup Material Backup Material Date 5/21/2020 - 6:08 PM Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,197, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval. The City is requesting to enter into a Professional Services Agreement in with Amy Wienands Real Estate not to exceed $4,197 for the sale of 219 Newell Street. This property is the home Hawkeye Community College constructed through their Sustainable Construction program in a partnership with the City. Up to $4,197 Bonds Economic Development policy number 1, 3 &4 within the Strategic Plan. MANSONS SECOND ADDITION LOT 13 BLOCK 1 Page 126 of 165 dotloop signature verification: dtlp.us/TeAv-J8Bt-KOJC 98-100 Adopted by the Northeast Iowa Regional Board of REALTORS® (Revised 1/15) 0 REAL ESTATE O SES&vtLY maw" Pon You" AMY WIENANDS LISTING AGREEMENT (RIGHT TO SELL, LEASE, OR RENT REAL ESTATE) 1. THIS AGREEMENT is entered into by and between Seller and Amy Wienands Real Estate hereinafter called Broker/Real Estate Company. The term Broker shall include Broker's affiliated Licensees. The term Seller shall include Owner, Landlord or Optionor. The term Buyer shall include Buyer, Tenant, orOptionee_ The terms sell and sale shall include sell, lease, rent, exchange, or option. Seller or Seller's duly authorized agent, whose signature appears below, hereby grants to the undersigned Broker, the exclusive right to sell, lease or rent The Property Known As 219 Newell St. Waterloo, IA 50703 5/22/20 10/22/20 For Period Beginning and Ending For $139,900 or such other price and terms that are acceptable to the Seller. Other Terms and/or Conditions: 2. PROFESSIONAL SERVICE FEE. 3 (%) of the sales price shall be paid to Broker if; a. Broker procures a Buyer during the listing period ready, willing and able to purchase at the above price and terms, or any other price and terms agreeable to Seller, or; b. Seller or anyone else sells, exchanges, leases, rents or otherwise transfers the property during the listing period at any price or on any terms, or; c. Seller prevents the sale of this property by any adverse action, such as prohibiting the Buyer from making improvements to the property required of the Buyer prior to settlement by a lender, or by attempting to cancel this agreement. The Professional Service Fee shall be payable in cash in the county and state where Broker has his principal office, at the time of the transaction settlement. Seller authorizes Broker or closing agent to pay Broker from Seller's proceeds of the sale. or; d. Before the termination of this Listing Agreement, Broker provides Seller the names and adc" 3f persons to whom the property was presented during the listing period or any extension thereof, and if within 30 days (protection period) after the expiration of this listing or any extension thereof, Seller executes a Purchase Agreement with any person on the above referenced list period. However, Seller shall not be obligated to pay such compensation if a valid Listing Agreement is entered into during the term of said protection period. e. LEASE AGENCY. Shni,lri the oroperty or any part be leased to a tenant nrnrtiired by Broker or any other Broker a Professional Service Fee of (%) of the base term of the lease and%) of the renewals. The fees are due one-half upon lease signing and one-half upon lease commencement. During the lease (or extensions), should the ten- ant purchase this subject property, I agree to pay the sales Professional Service Fee as outlined above, less the leasing Professional Service Fee already paid for the unexpired term of the lease. Should the tenant lease additional space from the Owner during the term of any lease resulting from this Listing Agreement, Owner agrees to pay Broker an additional (%) on the base lease for said additional space. Broker, upon execution of any lease, may record an affidavit setting forth its right to additional Professional Service Fees upon any renewals, exercised options, extensions, additions to the lease or purchase of the Property, which affidavit shall be binding upon the heirs, personal representatives, succes- sors and assigns of the Owner. f. BUSINESS SALE. I agree to pay to Broker (%) of the SALE PRICE and to promptly execute to the Buyer and deliver to the Buyer a Bill of Sale (or other reasonable evidence of title or ownership) covering all personal property or enter into a contract for Bill of Sale. Page 1 of 3 Page 127 of 165 dotloop signature verification: dtlp.us/TeAv-J8Bt-KOJC 98-100 (Revised 1/15) Property Known As: 219 Newell St. Waterloo, IA 50703 3. COOPERATIVE BROKERAGE COMPENSATION. Seller agrees that Broker may cooperate with other Brokers and offer compensatio^o^ "^^^c—#inn r^''srs solely representing the Buyers. Broker agrees to pay 3 % to cooperating MLS Brokers. Broker shall disclose to Owner, in writing, any policy that would limit the participation of any other brokerage. 4. MULTIPLE LISTING SERVICE (MLS) AUTHORITY. Seller authorizes Broker to process, advertise and distribute information about the property through the Northeast lowa Regional Board of REALTORS® Multiple Listing Service to its subscribers within forty-eight (48) hours. Seller authorizes Broker to release all information regarding the completed sale of the property to the Northeast lowa Regional Board of REALTORS® Multiple Listing Service. 5. ACCESS AUTHORIZATIONIINSURANCE LIABILITY. While the described property is listed for sale with the Broker, it is agreed that such property is not considered to be in the care, custody or control of the Broker, Licensees or employees. Seller authorizes Broker to allow access to the property at reasonable hours by Licensees, MLS Subscribers, and other persons including but not limited to appraisers, inspectors and utility company personnel, as necessary to complete the sale. Seller shall maintain in force adequate insurance to protect Seller in the event of any damage, loss or claims arising from access to the property and/or liability for personal injury and agrees to hold the Broker harmless therefrom. 6. PROPERTY DISCLOSURES. Seller agrees to provide a signed Seller Disclosure of Property Condition and a Lead Based Paint Disclosure if required by lowa Code Chapter 543 B. Seller agrees to indemnify Broker from all damages that may arise out of undisclosed or incorrect facts or statements of Seller. The Seller acknowledges that the Seller has a legal duty to disclose to any proposed Buyer any material defects of which the Seller has actual knowledge and which a reasonable inspection by the proposed Buyer would not reveal. 7. TITLE. Seller agrees to convey the property by Warranty Deed unless otherwise specified and provide an abstract continued to date of sale, showing good and merchantable title subject to easements and restrictions of record, applicable building restrictions and zoning regulations. Seller also agrees to pay any mortgage prepayment penalty, all taxes to date of settlement, and customary settlement costs. Seller will fumish information, which may be required by law and sign corre- sponding documents needed to be filed with the deed. 8. REMEDIES OF THE PARTIES. If Broker successfully defends any court action brought against Broker by Seller, or any other person involved in the sale of this property, or it is necessary to employ an attomey to collect sums due hereun- der, Seller agrees to pay all usual and reasonable court costs and attomey's fees expended by Broker. In addition to the rights given to the parties under Iowa Code Section 617.3 and not in limitation thereof, it is mutually understood and agreed that this listing agreement and any contract arising therefrom, shall be deemed to have been made in the State of lowa and any and all performance thereunder or breach thereof shall be interpreted, governed and construed pursuant to the laws of the State of Iowa. The parties consent that the Iowa District Court in and for Black Hawk County shall be the forum in which to bring any cause of action arising out of or under this agreement, or any subsequent agreement entered into by Seller as a result of Broker's efforts concerning the above described property. The parties agree that such court shall have jurisdic- tion of the person or the parties for such action. 9. BROKERAGE SERVICES ONLY. Seller acknowledges that Broker is acting as a Real Estate Broker and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, consultant or other professional service advisor. Owner is hereby advised to seek such other professional advice as may be important to Owner. The following minimum service shall be provided to the client. (1) Accept delivery of and present to the client offers and counteroffers to buy, sell, rent, lease, or exchange the client's property or the property the client seeks to purchase or lease. (2) Assist the client in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement, offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed. (3) Answer the client's questions relating to the brokerage agreements, listing agreements, offers, counteroffers, notices, and contingencies. (4) Provide prospective buyers access to listed properties. 10. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, retum receipt requested mail, or electronic mail. Persons designat- ed for receipt of any notice for the purpose of this agreement shall be the Seller or their Broker. A signed copy of this agreement, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. Page 2 of 3 Page 128 of 165 dotloop signature verification: dtlp.us/TeAv-J8Bt-KOJC 98-100 (Revised 1/15) 219 Newell St. Waterloo, IA 50703 Property Known As: 11. ELECTRONIC SIGNATURES. In accordance with Iowa Code ch. 554D, all parties agree that this transaction may be conducted by electronic means, and certified electronic signatures shall be equally binding. 12. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.) Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 13. RELEASE OF INFORMATION. Seller authorizes lender(s), contract holder(s) and utility companies to provide Broker with any and all information regarding the above described property. Seller hereby authorizes Broker to use a "for sale" sign, electronic lock box, exterior and interior pictures, and all forms of advertising media, including but not limited to Internet, print, radio and television in Broker's efforts to sell the property unless otherwise noted in this agreement. SELLER OPT OUT: Seller advises Broker that Seller does not want the listed property displayed on the intemet. Initials Initials Seller advises Broker that Seller does not want the property's address displayed on the Internet. Initials Initials Seller acknowledges that by choosing "OPT our consumers who conduct searches on the Internet Initials Initials will not see Information about my listed property. 14. ACKNOWLEDGMENTS. Seller and Broker acknowledge that they have read this agreement, that all information contained in this agreement is true and accurate to the best of their knowledge and they have each received a copy of the executed agreement. THIS AGREEMENT may be executed in one or more counterparts each of which shall be deemed original and all of which, taken together, shall be construed as a single instrument and shall be binding upon the heirs, successors, assigns, executors and administrators of the parties. Any modification of this agreement must be in writing and signed and dated by all parties. This property is offered without respect to race, color, religion, sex, handicap, familial status or national origin. THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGALADVICE. May Signed this21 day of , 20 20 Amy Wienands Real Estate Real Estate Comnanv dotloop verified 05/21 /20 4:12 PM CDT J7AP-GAPS-HY8K-8NCD Licensee Seller Seller Seller Seller Seller Address/Phone Page 3 of 3 Page 129 of 165 dotloop signature verification: dtlp.us/g8BC-fC3W-8XQQ 0 AMY WLANDS REAL ESTENATE OBSESSIVELY WORKING FOR YOU/ Amy Wienands Real Estate - Listing Program Acknowledgement Property Address 219 Newell St. Waterloo, IA 50703 Sellers City of Waterloo We are choosing to enter into a listing agreement with Amy Wienands Real Estate. By selecting a listing program below, we agree to and acknowledge that we understand the terms and conditions of the specific listing program. In choosing the Standard Listing Program we understand that Amy Wienands is not obligated under any circumstances to purchase our home or land/lot. Under the Guaranteed Sale Program, Amy Wienands is obligated to purchase our home or land/lot only if our home or land/lot qualifies under the program and only pursuant to the express terms of said program. Seller Seller Amy Wienands Team - Standard Listing Program Amy Wienands Team - Guaranteed Sale Program l eicade..4 dotloop verified 05/21/204:13 PM CDT SPRB-2QQF-OEDJ-ZBFZ Agent Date Date Date Page 130 of 165 .frsthw Fri* 1 ff 1 + a.. ,f� Citij of Waterloo, Iowa W+E Page 131 of 165 CITY OF WATERLOO Council Communication Resolution approving a Federal -Aid Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $1,936,178, with the City paying the balance, in conjunction with Highway 63 Enhancements from Washington Street to Parker Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 5/20/2020 - 9:54 AM Clerk Office Even, LeAnn Approved 5/20/2020 - 10:45 AM ATTACHMENTS: Description Type ❑ TAP Agreement_Hwy 63_Washington St to Parker St Cover Memo SUBJECT: Resolution approving a Federal -Aid Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $1,936,178, with the City paying the balance, in conjunction with Highway 63 Enhancements from Washington Street to Parker Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Expenditure Required: $569,212.00 Source of Funds: GO Bonds Page 132 of 165 September 2018 20-TAP-138 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Transportation Enhancement Program (TE) Project Subrecipient: City of Waterloo Subrecipient DUNS Number: 039055830 Project Number(s): TAP-U-8155(773)-8I-07 & TAP-U-8155(774)-8I-07 Iowa DOT Agreement Number: 20-TAP-138 This agreement, made as of the date of the last party's signature below, is between the City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Transportation Enhancements Program (TE), as described in Sections 1113 and 1122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter referred to as TE funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Pamella Lee, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1810. The Subrecipient's contact person shall be Jamie Knutson, P.E. City Engineer, City of Waterloo Engineering Department 715 Mulberry St, Waterloo, Iowa, 50703, 319- 291-4312. 2. The Subrecipient shall be responsible for the development and completion of the following described project: On US 63, from Parker Street south 1.7 miles to Washington Street Page 1 of 13 Page 133 of 165 September 2018 20-TAP-138 The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the Iowa's TAP program from TE funds. The portion of the project costs reimbursed with TE funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($1,936,178) in the Iowa Northland Regional Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Sections 1113 and 1122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, and determined by the Department to be eligible. 3. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 4. The Subrecipient must have let the contract or have construction started within two years of October 1, 2019. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 5. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 6. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 7. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this Page 2 of 13 Page 134 of 165 September 2018 20-TAP-138 agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Subrecipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 8. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 9. The Subrecipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 10. This agreement is not assignable without the prior written consent of the Department. 11. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 12. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 13. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 14. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. Page 3 of 13 Page 135 of 165 September 2018 20-TAP-138 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date , Craig Markley Director Systems Planning Bureau Page 4 of 13 Page 136 of 165 September 2018 20-TAP-138 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504 following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will Page 5 of 13 Page 137 of 165 September 2018 20-TAP-138 pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. Page 6 of 13 Page 138 of 165 September 2018 20-TAP-138 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. Page 7 of 13 Page 139 of 165 September 2018 20-TAP-138 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay to the Department the amount of federal funds reimbursed to the Subrecipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include other activities that are not intended to lead to a construction project such as planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Class of Action Process; 4.030, Environmental Data Sheet Instructions; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. Page 8 of 13 Page 140 of 165 September 2018 20-TAP-138 c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. Page 9 of 13 Page 141 of 165 September 2018 20-TAP-138 e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to the Department. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. Page 10 of 13 Page 142 of 165 September 2018 20-TAP-138 b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Iowa Administrative Code 761 Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete Page 11 of 13 Page 143 of 165 September 2018 20-TAP-138 and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval Page 12 of 13 Page 144 of 165 September 2018 20-TAP-138 of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Page 13 of 13 Page 145 of 165 CITY OF WATERLOO Council Communication Resolution approving Detention Basin Maintenance Agreement and Easement Agreement with Deer Creek Development, LLC, for Greenbelt Centre Plat No. 8, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/26/2020 Prepared: 5/20/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 5/20/2020 - 9:46 AM Clerk Office Even, LeAnn Approved 5/20/2020 - 11:07 AM ATTACHMENTS: Description Type ❑ DetBasinEasement Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Resolution approving Detention Basin Maintenance Agreement and Easement Agreement with Deer Creek Development, LLC, for Greenbelt Centre Plat No. 8, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer Page 146 of 165 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DETENTION BASIN MAINTENANCE AGREEMENT and EASEMENT AGREEMENT This Detention Basin Maintenance Agreement and Easement Agreement (the "Agreement") is entered into as of , 2020, by and between Deer Creek Development, LLC ("Developer") and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is the owner and developer of real property platted as Greenbelt Centre Plat No. 8 (the "Subdivision"). Within the Subdivision, a parcel platted as Tract B (the "Basin") is intended to function as part of the storm water management system for the contributing drainage area. For purposes of this Agreement, the Basin is the entirety of Tract B and is not limited to whatever part of Tract B may be holding water at any given time. B. The Basin enhances the drainage of storm water from other lots in the Subdivision and adjacent subdivisions that are owned by Developer or other third parties and from other property in the drainage basin and aids in the capture and/or removal of pollutants from storm water. The Basin requires periodic inspection and proper maintenance in order to receive storm water runoff, to provide for storm water management and/or measured release of same, and to fulfill other functions of a storm water management system. C. As a condition to development of the Subdivision and to the City's approval of this Agreement, Developer is willing to obligate itself and its permitted successors, assigns and transferees to maintain the Basin on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1 Page 147 of 165 1. Installation, Maintenance and Repair. Developer agrees to install, construct, maintain, repair, and reconstruct the Basin as set forth herein. Developer shall be solely responsible for the inspection, maintenance and repair of the Basin so that the Basin continues to function as originally designed for its primary purpose and use for storm water management, storm water release and pollutant filtration. Unless Developer obtains a waiver or variance, it shall comply with (a) all applicable requirements of Title 8, Chapter 4 of the Waterloo Code of Ordinances, including the provisions of all applicable Articles thereunder, or any successor provisions thereto, (b) all applicable requirements of any other provisions of the Waterloo Code of Ordinances, (c) all standards and specifications required by the City Engineer in the exercise of his or her reasonable discretion, initially including but not limited to those set forth on Exhibit "A" attached hereto, and (d) all standards and best management practices set forth in the Iowa Storm Water Management Manual or successor publication, as any of the foregoing may now or hereafter be in effect. Developer shall be solely responsible to conduct such periodic inspections of the Basin as may be reasonably necessary to ensure compliance with its duties hereunder and to timely prepare and file with City any required reports. 2. Maintenance Association. Developer shall organize an association (the "Association") for purposes of performing the post -construction repair and maintenance obligations of Developer under this Agreement. Until Developer has, in writing, assigned its obligations under this Agreement to the Association and filed such assignment in the land records of Black Hawk County, Iowa, Developer shall be responsible for performance of all obligations under this Agreement. The Association shall include as initial members the owners of all parcels of real estate that contribute or are reasonably anticipated to contribute storm water runoff to the Basin, whether such real estate lies within the Subdivision or not. As of the date of this Agreement, the parties anticipate that Lots 6, 7, 8 and 9 in Greenbelt Centre Plat No. 8 will contribute storm water runoff to the Basin, with the amount contributed to be determined through appropriate engineering analysis. The Association shall provide for the future inclusion of future owners of such parcels of real estate. Initial member -owners and future member -owners are referred to herein as "Members". Association Members shall execute a written agreement (the "Member Agreement") that identifies the parcels owned by the Members, and the Member Agreement may also allocate among the Members the proportionate share of liability that each Member shall have for the financial liabilities of the association and may provide for such other terms to which the Members may agree. Any terms of the Member Agreement that are in conflict with the terms of this Agreement shall be void and of no effect to the extent of such conflict. The Member Agreement shall be filed of record in the office of the Black Hawk County Recorder and shall include terms stating that the agreement constitutes a covenant running with the land, binding upon each Member and the Member's successors, assigns and transferees, according to its terms. The Association shall be maintained as an active entity in the State of Iowa until City has consented in writing to the dissolution of same. The Member Agreement shall continue in effect and may not be terminated without the prior written consent of City. 3. Enforcement. In addition to any other enforcement powers or remedies available to City under city ordinance or applicable law or regulation, City may proceed as set forth in this Section. If Developer or other responsible party fails or refuses to satisfy any requirements under this Agreement, and if the Basin is not a hazard to public safety or health as determined in 2 Page 148 of 165 the discretion of the City Engineer or designee, then City shall provide such party or Developer with reasonable notice to correct the violation in a timely manner. If such failure is instead determined to be a hazard to public safety or health, then City shall notify such party or Developer of the violation in writing and shall provide a reasonable time, as determined in the discretion of the City Engineer or designee, for completion of remedial action, which time may be reasonably extended as determined in the discretion of the City Engineer or designee. If any violation or non-compliance has not been timely corrected, then City may enter upon the Basin premises, take such action as deemed reasonably necessary to eliminate the hazard, assess jointly and severally against the Basin and the properties constituting the Benefited Estate all cost and expense of such action and any fines or penalties related to the violation or non-compliance, and charge such amounts to the owners of the Basin and the Benefited Estate as a personal joint and several liability. Any assessment shall constitute a lien against the Basin or a property in the Benefited Estate and shall be collected in the same manner as property tax. City's enforcement rights and remedies under this Agreement, city ordinances, and other applicable law or regulation are cumulative, and City shall have discretion to exercise any of them or all of them at any time. Interest shall accrue at the rate of 12% per annum on any sum assessed from the date of assessment and on any sum charged from the date of invoicing, until paid in full. In any legal action, City shall be entitled to recovery of its reasonable attorneys' fees and expenses if it is the prevailing party. 4. Easement Grant to Benefited Estate. The Basin is the "Servient Estate" for purposes of this Agreement. Developer, as owner of the Servient Estate, hereby grants to the "Benefited Estate" a perpetual easement in, over, above, across and upon the Servient Estate for drainage of surface waters and storm water runoff and for detention of such waters. The Benefited Estate is comprised of all parcels of real estate that contribute surface water and storm water runoff to the Basin. The foregoing easement grant shall operate in favor of any party owning any part of the Benefited Estate, whether such party is Developer or a third party. 5. Easement Grant to City. Developer hereby grants to City a perpetual access easement for purposes of inspection of the Basin. 6. Drainage Pipes. The parties acknowledge that a 40-foot drainage easement currently runs across Lots 3, 4, 9 and 10 as depicted on the plat for Greenbelt Centre Plat No. 5 and across Lots 4 and 5 of Greenbelt Centre Plat No. 8 (collectively, the "Plats 5 & 8 Drainage Easement"). In connection with a development project to be constructed on Lots 4 and 5 of Greenbelt Centre Plat No. 8 (the "Plat 8 Project") and Lots 9 and 10 of Greenbelt Centre Plat No. 5, three (3) 48-inch pipes (the "Pipes") for storm water drainage are proposed to be installed under and through the Plats 5 & 8 Drainage Easement. City agrees that Developer or its successor -in -interest of the Plat 8 Project property may install the Pipes under and through the Plats 5 & 8 Drainage Easement, provided that (a) the owner of the Plat 8 Project property undertakes all work of installation of the Pipes in compliance with all applicable requirements of governing ordinance, law or regulation and of the City Engineer, and (b) the owner of the Plat 8 Project property shall restore the surface of the Plat 5 & 8 Drainage Easement premises to substantially the condition it was in before the commencement of work. The owner of the Plat 8 Project property shall discharge all obligations set forth in this paragraph at its own expense, and 3 Page 149 of 165 the City shall have no liability with respect thereto. Following City's acceptance of the installed Pipes, City shall be responsible for all cost and expense of any future inspection, repair, maintenance, replacement or removal of the Pipes; provided that before City's acceptance Developer shall deliver to City a performance bond covering any work of repair or replacement that may be reasonably necessary in the four (4) year period after City's acceptance of the Pipes. 7. Waiver. Each and every covenant and agreement contained herein shall be for all purposes hereof construed as separate and independent, and the breach of any covenant by any party shall not release or discharge them from their obligations hereunder. No delay by any party in exercising, or omission by any party to exercise, its rights accruing upon any non- compliance or failure or performance by any party shall impair any such right or be construed to be a waiver thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements contained herein. 8. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid, illegal or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 9. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns and transferees. 10. Covenants Run with the Land. All the terms and provisions hereof are and shall be deemed to run with the property described herein and shall burden and benefit such property and, with respect thereto, each owner, the holders or owners of any mortgage, indenture, deed of trust or deed to secure debt encumbering any of such property, any purchaser at a foreclosure sale or tax sale, and their respective heirs, personal representatives, successors and assigns. 11. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to 315 5th Street, P.O. Box 476, Hudson, Iowa 50643, facsimile number 319-988-3011, Attention: Harold Youngblut. 4 Page 150 of 165 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be effective or valid unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Waiver by any party of any specific default by another party shall not affect or impair any rights arising from any subsequent default. This Agreement may be modified or amended only by the mutual written agreement of the parties. 13. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including counterparts exchange by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 15. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 16. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Detention Basin Maintenance Agreement and Easement Agreement by their duly authorized representatives as of the date first set forth above. DEER CREEK DEVELOPMENT, LLC CITY OF WATERLOO, IOWA By: By: Harold Youngblut, President Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 5 Page 151 of 165 EXHIBIT "A" Inspection and Maintenance Requirements The Basin shall be maintained as required by the Agreement, and the additional standards set forth in this Exhibit A shall apply. Maintenance shall include those activities described in the Iowa Storm Water Management Manual as maintenance activities applicable with respect to wet detention ponds or basins, to be performed in accordance with the schedules set forth below. Short -Term Maintenance — First Year 1. Erosion and sediment control measures to be inspected monthly and within three (3) days after rain events of 1" or more. 2. Inspection of basin for signs of erosion, instability, and compromise of structure and installed elements — within 60 days of completion, and quarterly thereafter. 3. Herbicide treatments and removal of dead/dying plants previously treated — by May 31 and July 31. 4. Maintenance of topsoil, re -seeding, mulching — by April 30 and August 31. 5. Pruning — by October 31. 6. Application of insecticides and fungicides — as needed, to be determined bi-monthly. 7. All other activities — monthly. Short -Term Maintenance — Second and Third Years 1. Remove erosion and sediment control measure when vegetation established. 2. At end of third year, remove staking wire from trees. 3. Other activities to be done on the schedules stated above for the first year. Routine or Long -Term Maintenance — After Third Year 1. Schedules set forth in the Manual will apply except as modified herein. 2. Inspection of forebays and other pretreatment areas — at least twice annually, no less than four months apart. 3. Clean and move debris from inlets and outlets — By April 30, July 31, and October 31. 1 Page 152 of 165 CITY OF WATERLOO Council Communication An ordinance enacting a new Section 5-2-14, Pedestrian Safety, Use of Medians. City Council Meeting: 5/26/2020 Prepared: 5/19/2020 REVIEWERS: Department Reviewer Action Date Legal Petersen, Marty Approved 5/19/2020 - 3:19 PM Clerk Office Even, LeAnn Approved 5/20/2020 - 8:59 AM ATTACHMENTS: Description Type ❑ Ordinance for New 5-2-14, Pedestrian Safety Cover Memo SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by enacting a new section 5-2-14, Pedestrian Safety, Use of Medians. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Martin M. Petersen, City Attorney Recommended Action: Approval. Page 153 of 165 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ENACTING A NEW SECTION 5-2-14, PEDESTRIAN SAFETY, USE OF MEDIANS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that: Section 1. That the Municipal Code of the City of Waterloo, Iowa, 2020, as heretofore amended, is hereby amended by adding and enacting new Section 5-2-14, relating to pedestrian safety and use of medians, as follows: Sec. 5-2-14. Pedestrian Safety, Use of Medians. A. The City Council makes the following findings and adopts the following statement of purposes of this section: 1. Pedestrian fatalities increased in the United States by 46% from 2009 to 2016, with the largest increases in urban arterial streets, according to the Insurance Institute for Highway Safety. 2. Fifty percent of pedestrians who are struck by a vehicle travelling at 30 miles per hour are killed; as speed increases, a higher percentage of people struck are killed, according to the U.S. Department of Transportation, Literature Review on Vehicle Travel Speeds and Pedestrian Injuries (2000). 3. The National Association of City Transportation Officials Urban Street Design Guide (2011) states that a median or island should be at least six feet wide where pedestrians are present. This is consistent with the Public Rights of Way Accessibility Guidelines promulgated by the United States Access Board which specify that a pedestrian refuge in a street must have a top surface width of six feet, excluding curbs. 4. Section 240 of the City of Waterloo Traffic Code provides that pedestrians crossing a street in the business district shall cross in crosswalks only. In the ten years preceding, ten pedestrian fatalities have occurred in Waterloo. There have been 341 pedestrian injuries. 5. The City Engineer has determined based on City GIS maps and/or, where appropriate, site visits that the intersections listed in subsection (b) of this Ordinance do not have medians or islands of adequate width for pedestrian refuge; therefore, pedestrians should be prohibited from standing, sitting or staying in the medians at these intersections for any purpose other than to cross the street, if crossing is lawful. Page 154 of 165 B. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose other than to cross the street, if lawful, unless the width of the top surface of the median, excluding the curbs is at least 6 feet wide. This prohibition includes, but is not limited to, medians and ramp noses on or near legs feeding the following intersections in the city: E. San Marnan Drive and 218/380 Ramps E. San Marnan Drive and LaPorte Road Bopp Street and LaPorte Road Bopp Street and Crossroads Blvd. Grimm Street and Crossroads Blvd. Pennys Street and Crossroads Blvd. Sears Street and Crossroads Blvd. Flammang Drive and Crossroads Blvd. Flammang Drive and Sarah Drive E. San Marnan Drive and Sears Street E. San Marnan Drive and Pennys Street E. San Marnan Drive and Flammang Drive E. San Marnan Drive and Shoppers Blvd. E. San Marnan Drive and Lowes Blvd. C. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose, other than to cross the street, if lawful, regardless of the width of the top surface of the median, or ramp nose along the following streets or rights -of -way: San Marnan Drive from Texas Street to Ansborough Avenue Sears Street Pennys Street Crossroads Blvd. Flammang Drive Bopp Street D. Sections 5-2-14(B) and (C) do not apply to: 1. Police officers, peace officers and parking enforcement personnel of the police department or employees of the fire department while performing official duties of the city. 2. Employees or contractors for the city or other individuals authorized by the city to perform construction or maintenance work on city streets or rights - of -way, while performing construction or maintenance work on the street provided that proper signage is used and streets are blocked off as required by the city. Page 155 of 165 3. Any individual responding to an emergency in the street. E. The penalties for violating this Section shall be a simple misdemeanor pursuant to Title 1, Chapter 3, Subsection 1 (1-3-1). Section 2. Should any section or part of any section, paragraph or clause of this ordinance be declared invalid or unconstitutional for any reason, it shall not invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND ADOPTED by the City of Waterloo, Iowa, this day of , 2020, and approved by the Mayor this day of , 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 156 of 165 CITY OF WATERLOO Council Communication Design Review Board minutes of May 23, 2019. City Council Meeting: 5/26/2020 Prepared: 5/19/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/20/2020 - 10:01 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 11:05 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Design Review Board minutes of May 23, 2019. Submitted by: Submitted By: Page 157 of 165 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD REGULAR MEETING — 4:00 P.M. May 23, 2019 Frank Mollenhoff Conference Room — City Hall Hyberger called the regular meeting of the Highway 218 Design Review Board to order at 4:00 p.m. in the Frank Mollenhoff Conference Room at City Hall. I. Roll Call The following members were present: Carty (participated by phone), Jordan -Burg, Ottesen, and Weber. Member(s) absent: None. Staff in attendance was Hyberger. II. Approval of the May 23, 2016 Agenda It was moved by Jordon -Berg, seconded by Weber to approve the agenda as submitted. Motion carried unanimously. III. Approval of the minutes from the Regular Meeting on November 30, 2016, Regular Meeting July 5, 2017, Email Vote December 11, 2017, Email Vote August 8, 2018, and Email Vote September 12, 2018. It was moved by Jordon -Berg, seconded by Ottesen to approve the minutes for the Regular Meeting November 30, 2016, Regular Meeting July 5, 2017, Email Vote December 11, 2017, Email Vote August 8, 2018, and Email Vote September 12, 2018. Motion carried unanimously. IV. Decision Items 1. Devenish Nutrition — Grain Bin Sidewalls/Roof Renovation and Receiving Building Project - 2050 E Mitchell Avenue Hyberger gave the staff report noting that staff is recommending approval to allow for the installation of new galvanized steel grain bin sidewalls and a 24' X 50' receiving building. Hyberger indicated the area already has adequate landscaping and the installation of the new galvanized steel grain bin sidewalls will help beatify the area. It is major improvement of the current grain bin which has a rusty appearance in the Highway 218 Corridor. Ottesen asked where the new receiving building will be located. Hyberger showed the DRB a picture of the south side of the grain bin building and noted the receiving building will simply be placed 34 feet to the east of the existing boiler room. Weber asked what the grain bin will be storing. Ryan Heins noted that the grain bin will continue to hold grain which is used to manufacture specialized feed and other agricultural products. It was moved by Weber and seconded by Jordan -Burg to approve the request to allow for the installation of Grain Bin Sidewalls/Roof Renovation and Receiving Building Project at 2050 E Mitchell Avenue. Motion carried unanimously. V. Discussion Items There were no discussion items. Waterloo.23157.1.DRBMin 5 23 19.docx Page 158 of 165 HIGHWAY 218 DESIGN REVIEW BOARD May 23, 2019 VI. Adjournment With no further business to discuss, it was moved by Weber, seconded by Ottesen to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:30 p.m. Respectfully submitted, Seth Hyberger, Planner I Waterloo.23157.1.DRBMin 5 23 19.docx Page 159 of 165 CITY OF WATERLOO Council Communication Complete Streets minutes of February 18, 2020. City Council Meeting: 5/26/2020 Prepared: 5/19/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/20/2020 - 10:00 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 11:05 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Complete Streets minutes of February 18, 2020. Submitted by: Submitted By: Page 160 of 165 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting February 18, 2020 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:37pm February 18, 2020 by Vice -Chairperson Leseman in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Brian Schoon, Paul Huting, Pat Morrissey, Wayne Castle, Codie Leseman, Jessica Rucker (arrived at 1:44pm), Kevin Blanshan, and John Dornoff was present as the designated member for Aric Schroeder. Members absent were: Mohammad Elahi, Will Frost, Ray Feuss, Dan Trelka, Felicia Cass, Jeff Bales, Abraham Funchess, and Greg Young. It was moved by Huting, seconded by Schoon to approve the minutes of the January 28, 2020 meeting. Motion carried unanimously. MPO Bikeway Plan • Leseman presented the bikeway plan and goes over the details of it. • It was discussed that INRCOG did a traffic study taken into account if all the projects in the bicycle plan were implemented and with roads switched from 4-lanes to 3-lanes, there would virtually no change in traffic congestion. • The Cedar Valley does not have a congestion problem; instead it has a traffic impatience problem. • Morrissey asked what would cause the traffic congestion to change to which Blanshan responded it would take a massive increase in population. • DOT has changed criteria for TAP funding. • City council passed a resolution supporting the submittal of TAP application for Park Avenue improvements. • Rucker asked how long the construction of the Park Avenue will and 11th Avenue bridges will take to which Castle responded a minimum of 2 years. • 6th Avenue will be the bike detour route during construction of the Park Avenue bridge. • The city has not adopted the bike plan. • Morrissey asked if the city council should approve the bike plan. Draft Pedestrian Master Plan • Would the pedestrian plan be appropriate as a guide for the Planning and Zoning Commission? • Discussion of Leona Avenue which has sidewalks but does not connect to the sidewalk network on 9th Avenue. • Discussion of the problems of trying to access Crossroads Mall as a pedestrian. One the theme park opens will commercial development follow along the Hess/La Porte Road corridor but you will not be able to walk in the corridor. However, Castle noted that the Hess/La Porte Road is being studied and sidewalks/trails may come out of that process. It was also noted that Cedar Falls was able to get the owner of College Square Mall who also owns Crossroads to add a private sidewalk connection from University Avenue to the mall. • Leseman noted that the Cedar Heights area were the most supportive of having sidewalk access to the commercial areas but that was before K-Mart and Hy-Vee closed. West Ridgeway Avenue Page 161 of 165 Complete Streets Advisory Committee February 18, 2020 • Blanshan noted that Ridgeway would be a good 3-lane conversion but does not know if there is the political will to do it. Planning and Zoning Commission • Dornoff went over the Planning & Zoning Commission agenda. • Dollar General is proposing a store just south of the intersection of Dysart/Shaulis/US Highway 218. Discussion if that spot is the best place for a Dollar General with the activity that will be generated by the theme park. • Discussion on how many people from Cedar Knoll Trailer Park will walk to the store. Also noted that many of these stores will not install bike racks despite the number of their customers who are low income and may not have cars. It was moved by Blanshan, seconded Morrissey that if a retail business is approved on Dysart that a condition added that requires a pedestrian connection is required from the front of the building to the right-of-way of Dysart. Motion carried unanimously. Downtown Trees • Rucker said that there has been no real progress on the tree plan. . Other Project Updates • There was a meeting between AECOM, 1NRCOG, and the city discussing the La Porte/Hess corridor including the possibility of a interchange at Mitchell Avenue. • Castle noted that there is a lot of big street reconstruction projects coming up which will limit the amount of money available for other projects. Other Discussion • Morrissey noted that the city will be creating an update Strategic Plan and complete streets needs to be part of the vision. • Discussion on how the Complete Streets Committee should be involved in the strategic plan and why the strategic plan should consider complete streets. Adjournment Leseman adjourned the meeting at 3:05p.m. Respectfully submitted, John Dornoff Planner I 2 Page 162 of 165 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of April 7, 2020. City Council Meeting: 5/26/2020 Prepared: 5/19/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/20/2020 - 10:00 AM Clerk Office Higby, Nancy Approved 5/20/2020 - 11:04 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Planning, Programming & Zoning minutes of April 7, 2020. Submitted by: Submitted By: Page 163 of 165 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. April 7, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling. Members present electronically were: Eric Donat, Virginia Wilber, Marcia Buttgen, Sue Flynn and Brandon Schoborg. Members absent were: Craig Holdiman and Steve Trost, there is currently one vacancy on the commission. Others present: Noel Anderson, Chris Western and John Dornoff — Planning Department. Others present electronically: Aric Schroeder — Planning Department; Keith Kaspari — Waterloo Airport; Justin Tucker — AirCare; and Kevin Fittro — Skogman Homes. I. Approval of the Agenda It was moved by Buttgen, seconded by Donat to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on March 3, 2020. It was moved by Donat, seconded by Schoborg to approve the minutes. Motion carried unanimously. III. Financial Report February 2020 Anderson read the financial report. Buttgen asked why the department was above on legal services to which Anderson replied that he would need to get back to the commission on the specifics of that item. Flynn asked how the shutdown is going to affect the budget to which Anderson responded that the office is still open and most building permits are coming electronically now but long term it is a wait and see at this time. It was moved by Donat, seconded by Serfling to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No oral presentations. V. New Business A. Hearings — Site Plan Amendments 1. Request by Justin Tucker on behalf of Aircare for a site plan amendment to the "M-2,P" Planned Industrial District to install a trailer for emergency crews adjacent to airport hangers 2 & 5 located west of 2814 Betsworth Drive It was moved by Donat, and seconded by Buttgen to receive and place on file the statement of verification at 4:07p.m. Motion carried unanimously and Wilber declared the hearing open. Western read the staff report recommending approval of the request. Page 164 of 165 Planning and Zoning Commission April 7, 2020 Buttgen expressed a concern about there not being a second door to use in an emergency to which Justin Tucker, manager for AirCare in Iowa stated that there was both a front and back door. Donat noted that in the staff report it said that this would not be in conformance with the comprehensive plan and if there is concern with that to which Western responded it would be in the fence area of the airport and Kaspari stated that the airport is in support of the project as it would provide emergency crews a place to respond to emergencies quicker. It was moved by Donat, seconded by Seconded to close the public hearing. Motion carried unanimously. The hearing was closed at 4:26 p.m. It was moved by Flynn, seconded by Donat to recommend approval of site plan amendment request. Motion carried unanimously. C. Plats 1. Request by CGA Engineers on behalf of Midwest Development for the preliminary plat of Lincolnshire Addition located northwest of 3520 Ansborough Avenue. Dornoff read the staff report recommending approval of the request. Donat asked which church is referenced in the staff report to which Anderson responded Cedar Valley Church. Buttgen asked if sidewalks will be installed and why doesn't the Tract which is Lincolnshire Road cover the entire area between the cross streets to which Dornoff responded that sidewalks will be required and there is already stubs for Lincolnshire Road so that is why the Tract does not cover the whole area. Serfling asked when the company was planning to start to which Kevin Fittro from Skogman Homes stated that they are ready to go but is currently in a holding pattern due to the COVID-19 situation. It was moved by Serfling, seconded by Donat to recommend approval of the preliminary plat. Motion passed unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be held on May 5th, 2020. It was noted that it was Buttgen's last meeting as a member as a member of the commission and also welcoming Schoborg as a new member of the commission. It was asked if the next meeting will also be electronic meeting, and Anderson noted that it likely would be, but that we would monitor the situation and keep the commission informed. VII. Adjournment It was moved by Donat, seconded by Holdiman, to adjourn the meeting at 4:36 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 2 Page 165 of 165